-V 






• </ —. V~ V ..... V" o* 6 ..... V 










•^o' 



lV 




**' 



± J k\ 



&• \S ''Mm-. w • 



A 










>bV D 



.Hq, 



S) 





? 



& .WWV* ^ 







?\ 



<y- 



.-f 



4o, 




o 



0* 



V 







,4 q, 




y^ 



* A v 










A. 
• • s \ * 







-JT »' 








r <P 


o^ 



^q* 



Hq, 



a- 



V f ' • °' 






v\ 



•\ 






A° 



,:• 








W 




bK 



,0 



A 



^o V t <5 



*y * 5 *^a > v •*••, c\ 



•IS"- 




•r .-v 



o 



^ 






W ^ 

• Wv 



is?.-.^ -*, ;-^ v--i 







■■y\ 



c\ j • • ^\ 

'JIMS - ^ V m^^f/jjl^^ ^ ^ jlllfe ^ ^ 




.,-' ,o- 




^°,* 



iV 



-£-_ 



^ 






^ 



.V 



' fl 



^ °- v2 









v* 



v-* 












** 



r^ o » o 

7- 

^0^ 








,^ v *v 














o 



\V 





o > 



*o 



A 



<* 



,*' 






^0^ 



% 






o 



?v°*^ 












-> ; 



/ 









PROCEEDINGS 



DEDICATION 



Jjftt^^njmn Cowttg €otttit|(aim 



ON TUESDAY, MAY 1, 1877. 



INCLUDING ALL THE 



ADDRESSES DELIVERED. 



WITH AN APPENDIX CONTAIN INC 



Lists of County Officers* Members of the Bar of the 

County from 18<>4 to 1877, Etc. 




ZANKSVILLE, OHIO: 
Printed fob Muskingum County. 
1877. 




D. 



O 






PROCEEDINGS 



DEDICATION 



C{\ 



en 



u$[|in0um Countu Couift ^$\m 



ON TUESDAY, MAY 1, 1877. 



EXCLUDING AI.I. T1IK 



ADDRESSES DELIVERED. 



ZANESVILLE, OHIO: 
Printed for Muskingum Coi \ri. 



1877. 




At a meeting of the Muskingum County Bar Association, 
held May 5th, 1877. it was 

Resolved, That five hundred copies of the proceedings at the 
dedication of the new Court House be printed tor the use of 
the Association ; provided, that consent to such' publication 
can he obtained from those delivering addresses on that occa- 
sion. 

o 

The Board of County Commissioners for Muskingum county 
also ordered that an edition of one thousand copies be printed 
for general distribution among the people of the county. 






Sandel, Printer and Binder, 4th St., Zanesville. 



PROCEEDINGS 

AT THE 

~«^§\9. DEDICATION (^e^- 

OF THE 

MUSKINGUM COUNTY COURT HOUSE. 



Tbe new Court House in Zanesville was dedicated and 
formally opened for the uses of the public on Tuesday, the first 
day of May. 1877. The ceremonies were held in the Court 
Room. 

At two o'clock P. M., B. E. Fillmore, Esq., as Chairman of 
the meeting, called the assemblage to order. He said: 

ADDRESS OF MR. FILLMORE. 

The year 1874 saw the venerable structure which for more 
than two generations had afforded room for our courts demol- 
ished. Immediately after was laid the foundation of this 
building. Then, for many successive months, the workmen 
were busily engaged in laying one stone upon another until 
the summit was reached. And now, in this year of our Lord 
1877, the long-hoped-for, noble structure is finished: a credit 
to our city; a credil to Muskingum county and the State of 
Ohio: a credit to the Board of County Commissioners, to the 
architect who planned it, and to the master builders who have 
so faithfully executed the work'. And to-day, my friends, we 
have tint for the purpose of dedicating this Temple of Justice 
tu t lie uses for w hich it w as designed. 



4 Dedication of the 

We say Temple of Justice, for the law contemplates thai 
justice shall here be meted out to all those who may come to 
these courts to have their wrongs redressed, and to those who 
shall be brought hither to answer for their crimes againsl 
society. Not that equal and exact justice symbolized by the 
image upon the outer walls of this temple, which belongs only 
to the Deity Himself, and described in those striking words, 
"Judgment will Hay to the line, and rightt ousness to the plummet,'" 
but the nearest approach thereto possible, taking into account 
the frailty of human nature. 

Here will he a held tor the display of legal talent. Here 
opposing counsel, each making his client's cause his own. will 
struggle for the mastery ; but upon him who shall occupy the 
judgment seat will it devolve, mainly, to unravel the tangled 
skein, and give such an impartial statement to the twelve men 
of the vicinage as shall secure the ends of justice. 

The legal profession is. beyond question, one of the most im- 
portant connected with our civilization. None more honor- 
able when honestly and conscientiously followed ; none more 
damaging to the moral sensibilities of society when prostituted 
to base purposes. 

May each member of this Bar, as the generations shall suc- 
ceed each other, be enabled to appropriate to himself, as he 
nears his journey's end, language similar to that of the 
virtuous old Roman, who could say in the face of his bitterest 
enemy. "Cato's voice was never raised to clear 1h<- guilty nor to 
varnish crimes." 

Our earnest prayer should he that those who shall here suc- 
cessively wear the ermine may he men who fear God and hate 
covetousness — men whose names shall he enrolled among the 
just judges by whom the world has been blessed. .May they 
ever have before them the bright example of him, whose name 
has come down through the ages, surrounded by a moral halo, 
who, as he laid aside the rohes of office, could say to the people, 
"Here lam; witness against me. Whom have 1 defrauded? 
whom ha n- I oppressed? or from whose hand have I received any 
bribe to blind mine eyes therewith .'" 

h seems eminently proper on an occasion like this that the 
programme should provide for religious exeirises ; that "He in 



Muskingum County Court House. 5 

whom we all live, and move, and have our being," should be 
distinctly recognized. Religion and law should always go 
hand and hand with each other. Religion should he to law, 
in its administration, what conscience is to the individual 
man. We should ever bear in mind that law is no mere 
human device, but is of divine origin. To quote the language 
of an able writer, "The divine decalogue contains (he common 
fundamental points of every moral and legal code. Its aims 
are the moral perfection of the individual and the welfare of 
society." Moses, himself, elaborated from it no less than 365 
positive and 248 negative obligations. 

Such is law; and, when we view the subject in its length 
and breadth, its hight and depth, it excites our veneration. 

In conclusion, may we hope that in this place truth and 
justice may prevail, and the right always triumph over the wrong. 

After the conclusion of Mr. Fillmore's remarks, and music 
by the orchestra, an invocation was offered by the Rev. A. 
Kingsbury, D. D., which was followed by the singing of 
"Gloria in Excelsis," by a quartette. 

The County Commissioners then, by Frank H. Southard, 
Esq., made presentation of the building to the people oi the 
count}'. The following is the 

ADIUtESS OF MR. SOUTHARD. 

Mr. Chairman, Ladies and Gentlemen: I am delegated by 
the Board of Commissioners of Muskingum eOunty to make 
the formal presentation of our new Court House to the Bar 
and Public 

The building has been years in the process of construction, 
and has caused much anxiety and solicitude on the part of 
your Commissioners. Bui while they have felt a dee]> responsi- 
bility resting upon them as the representatives of the public 
interests in this greal enterprise, they have been sustained and 
encouraged at every step by the generous support they have 
received from the people, and have telt gratified that the 
increased taxation incident to the undertaking has been so 
cheerfully responded to. As early as the year 1871, and 



6 J)edh ation of the 

annually from that time to the present, has this taxation been 
going steadily on. 

Your Commissioners having thus early anticipated the taxa- 
tion, and having procured the necessary plans, specifications 
and detailed drawings from the very competent architect, 
Henry B. Myer, of Cleveland, awarded the contract of con- 
struction in the spring of 1874 to the enterprising contractor 
and builder, Thomas B. Townsend, of your own city. 

This public enterprise was begun under favorable auspices 
by the Board of Commissioners, composed of Messrs. John 
Sims, William Hall and Leonard N. Stump ; and it has been 
carried forward to its completion by their successors in office, 
.Messrs. John Sims, Thomas Griffith and William T. Tanner. 
who compose our present Board. 

The Boards thus composed, assisted by your efficient Auditors, 
A. 1*. St u Its and James T. Irvine, carried forward this enter- 
prise as expeditiously as the public interests would allow. 
They have studied diligently the public convenience; they 
have guarded well the public treasury ; they have avoided all 
complications of the law, and with a consciousness that they 
have discharged the full measure of their duty, they ask as 
their only reward the "public approbation. 

At an aggregate cost not exceeding two hundred and sixty 
thousand dollars, this temple, reared in the interests of justice 
and the public convenience, is unexceptionable in its archi- 
tectural beauty, ample in its accommodations, complete in all 
its appointments, the ornament of our city and the pride of 
our county. And as we tread to-day its spacious halls and 
corridors, let us reflect that the temples reared to religion iind 
law are true indices marking the morality, intelligence and 
justice ot our people ; and let us reflect, too, Avith an honest 
pride, that in Ohio, one of the grandest of the States of our 
Cnion. with her millions of people, justly celebrated for their 
religion, their learning, their arms and their law, and with a 
century <>l prosperity marking their grand progress, this tem- 
ple stands in the foreground without a rival of its kind in all 
her borders. 

For myself and on behalf of the Commissioners 1 indulge 
the bope thai all litigants who .shall bring their causes to this 



uuskingwti County Uoufi nottsd. *t 

forum, shall be represented always by just and honorable 
counsel : thai the chair oi justice shall in the future, :is in the 
past, and present, be supplied with worthy men : and thai the 
fair divinity, the blind goddess of Justice who so mysteriously 
presides at courts shall ever hold her scales equal ; thai the 
Court, desiring to be just, shall preside with cool and impartial 
judgment; that counsel in their zeal for the interests of their 
clients shall never pass the domain of professional propriety, 
and that law shall he so administered as to increase the public 
faith and confidence in the administration of justice. 

In the name, then, and on behalf of our Commissioners, 
Mr. O'Neill. I now tender to the Bar and public, through 
you. as their representative, this structure and pray its ac- 
ceptance. 

This was -responded to by [Ion. John O'Neill, accepting the 
building on behalf of the Bar and public. 

ADDRESS OF MM. O'NEILL. 

As the President of the Bar Association, and at their request, 
it is at once my privilege and pleasure to respond to the address 

in which you have been pleased, on behalf of the County Com- 
missioners of old Muskingum, to present in such elegant and 
flattering terms their compliments and these magnificent Halls 
of Justice to the ( 'ourts and Bar of Muskingum count)'. 

The members of the Muskingum Bar, with whom I have had 
the fortune and the honor of 'associating for more than a 
quarter of a. century, have not improperly, perhaps, imposed 
upon me the duty of accepting this splendid present, and of 
tendering appropriate thanks to the Commissioners and the 
good people of tin- county for the erection of the superb and 
commodious edifice which we this day dedicate to public uses. 

Human language can but feebly express the sentiments of 
pride and satisfaction our association feel in contemplating this 
new arena of our future combats, or the thanks they most cor- 
dially extend, through me, to the Commissioners and to the 

people for that generous spirit of liberality which has given 
to -Muskingum county a Court House worthy of her wealth 



Dedication oj tin 

and character, and do1 beneath the dignity and fame which Ikm 
Bar at one time, at least, possessed. 

Like the Phcenix from its ashes, this magnificent temple 
rises above the ruins of its predecessor, which seemed to grow 
more venerable in decay and dearer to memory as il vanished 
from our view. The State House of Ohio in the days of her 
young renown, and in after years the theatre in which the 
intellectual gladiators of the profession grappled each other 
and struggled for the victor's wreath on bloodless fields, 1 lie 
old Court House of Muskingum county hears memories sacred 
as those that cluster around the ancient fields of military fame. 
Here, in humbler apartments than the proud halls in which 
we delight to-day, the Casses, the Sillimans, the Culbertsons, 
the Herricks, the Harpers, the Stanberys, the Stillwells, the 
Converses, the Searles and the Goddards went down in defeat 
or rose in triumph with the vicissitudes of forensic warfare. 
With the memory of their intellectual conflicts will be forever 
associated the mental photograph of the old Court House that 
witnessed these marvelous "battles of the giants.'' 

1 confess to a weakness for the old Court House, and a tinge 
of melancholy over its departed glories, and the memory of 
those who made its every atom illustrious by their learning 
and. eloquence. 

But in paying a passing tribute to the past, we must not 
forget the more agreeable and hopeful solemnities of the pres- 
ent hour. We consecrate to-day a new temple of Justice. 
Justice is the bed-rock virtue of the human race. Man is 
essentially a social being. Society is essential not only to the 
happiness but to the very existence of man. But society can- 
not exist without law and order. Law is founded in Justice ; 
it is not the arbitrary will of the law-giver enforced by power, 
for this would be tyranny ; it is the will of the sovereign, 
whether king or people, directed by reason. Man is a rational 
being and a moral agent, and his laws must be reasonable and 
just. An unjust or unreasonable law is no law at all ; it is the 
offspring of perverse will and a moral monster. The measure 
of Justice in human laws is the measure of man's civilization, 
and the measure of civilization is likewise the measure of 
rational liberty. 



Muskingum County Court House. fl 

hi order to the proper administration of the laws and thereby 
the maintenance of civil society, there inusi be established 
tribunals, or courts of justice, for their proper construction, 
i nterpretation and enforcement . 

The mild, equitable and just system of our laws; the organ 
ization and equipment of the judicial department of our gov 
ernment, both National and State, for the protection of society; 
the redress of grievances and the enforcement of rights, and 
the multitude of magnificent buildings erected in every part of 
the country, for the convenient exercise of judicial functions, 
attest at once the high civilization and rational liberty of the 
age and country in which we live. 

The people of Muskingum COUnty have shown by the erec- 
tion of this magnificent structure thai they are not behind 
their cotemporaries in the appliances of civilized life, nor in 
the culture, taste and love of order which mark the develop- 
ment and progress of civilized man. 

The court bouse is only less sacred than the church. Every 
court bouse is a temple dedicated to justice and truth, and woe 
to them that pollute its sanctuaries with fraud and falsehood. 
The ermined judge charged with the Urim and Thummim to 
utter the oracles of the law is the high priest of the temple, 
andthe legal fraternity, the ministers that serve around its 
altars. Their offices are the noblest and most exalted that per 
lain to any purely human occupation. 

.Many hard things, I know, have been said seriously as well 
as jocosely oi the noble profession to which we belong. But 
this must be expected as long as human institutions remain 
imperfect, and human nature what- it is. 

It has been the custom of the world in all ages to crucifj its 
heroes and benefactors, and heap praises on the ravagers of 
society and the disturbers of its peace and order. Nothing 
human can be absolutely perfect. The science of law, though 
the noblest of .ill secular sciences, is not wholly devoid of 
imperfections. And the members of the profession arc not all 
immaculate. Truth and duty are the beacons that light them 
on to usefulness and honor. They who follow these lights are 

worthy the high dignity to which they have been called, and 
constitute the oimaments and glorj of the profession, Thej 



10 Dedication of the 

who swerve from the line of rectitude and honor to follow the 
dim and wicked lights that exhale like ignis fatui from the 
noisome regions of cunning, and trick, and falsehood, are the 
prostitutes and apostates of the profession. 

They spring no1 from the profession, but from its abuse. 
They may disgrace themselves, but can never degrade ;i noble 
profession to their own level. I// the profession but not of it 
in spirit, they can only serve by their squalid deformity to set 
off in bolder relief its chivalrous nobility. 

Whatever may be said derogatory of the profession of the 
law, and we willingly concede and regret its imperfections, it 
•must ever be regarded as a responsible, arduous, honorable, 
glorious calling. Its members have ever stood forth the 
champions of liberty, the terror of tyrants, the advocates of 
truth, the prop of governments, the refuge of the weak, and 
the shield of i n noeence. 

As the intellectual is superior to the brute force in man. so 
is the legal guild of a nation more powerful than her bannered 
armies. Genuine civil liberty can exist in no land where the 
soldier outranks the lawyer— where the laurels of Csesar do 
not yield to the tongue of Tully. Warfare is at best but a 
state of legalized anarchy, and the soldier but the instrument 
of passion and violence, as the whole European world, 1 fear, 
will bloodily testify within the year in which we live. Peace 
is the normal condition of society, working out the problem of 
human happiness in harmony with the laws of man and the 
designs of Providence. Law is at once the beginning and the 
end of all human government. Government is founded upon 
and draws its legitimacy from the law of God, and its object 
and purpose must always be to enact, to interpret, and to 
enforce its own laws for the preservation of the social order 
and the promotion of individual happiness. The office of the 
law is to execute the just ice of God upon earth. Its origin 
and its sanction are in (bid. To its keeping are intrusted (he 
lives, the liberties, the happiness, the property and all the 
varied interests of society and individuals. 

The profession of the law, therefore, must needs be the most 
arduous ami difficult, as well as the most lofty and honorable 
of all human pursuits. And if it be entitled more than any 



Muskingum County Court t£ouse. 11 

oilier to the respecl and honor of society, its responsibilities 
and duties to society are of so much the more sacred and 
inviolable obligation. 

,\^ these reflections belong to this interesting occasion. I 
have uttered them as abstract propositions. And yet from my 
knowledge of the Muskingum County Bar, among whom I 
consider it an honor to be enrolled as an humble member, I 
think lean safely pledge them, in the presence of the people 
here assembled, to a faithful redemption of all the obligations 
which the noblest of professions casts upon them. 

Let us by incessant industry and devotion to duty continue 
in maintain the integrity, the dignity and the honor of our 
profession. net us shrink, as we would shun contagion, from 
f\i-\'y unworthy and dishonest practice that would tend to 
degrade our grand and noble calling. Let no act of ours put 
a stain upon the escutcheon of the MLuskingum County Bar. or 
cast a shadow athwart the fair fame our predecessors at this 
Bar have transmitted to us to guard ami defend. 

So shall we win the respect and admiration of all honorable 
men. and leave to those who shall come after us the legacy of 
a good example and untarnished honor. 

When another generation shall erect in the distant future a 
new temple to justice over the ruins of tin- one we dedicate 
to-day, may they look hack- upon us with as much pride as we 
feel in cherishing the memory of those who have gone before 
us. and may they he in the possession and enjoyment of the 
same degree of civil and religious liberty, under the protection 
of law, which it is our good tin-tune to enjoy in this our own 
day and generation. 



At the conclusion of these exercises and music by the orches- 
tra, the Chairman announced that the next thing in order was 
an historical address by lion. M. M. Granger. Judge Granger's 
address was a- follows : 



12 Dedication df tfa 

Muskingum County : Its Courts and Bar 



By Hon. M. M. Granger. 



Assembled here to-day to murk by appropriate observances 
the opening of this Court House as a place for the public ad 
ministration of justice, our memories arc naturally I > 1 1 s y with 
the past. To me has been assigned the duty of giving to those 
memories voice. As I attempt to fulfill thai duty 1 invoke, in 
advance, your charitable judgment, because, lack of experience 
in historic investigation, insufficient material amid which 
search for tacts could be made, and the many interruptions of 
my ordinary business, have combined to make my sketch of 
Muskingum County —its Courts and Bar, incomplete. 

The year lS7ti has accustomed us to inquiry touching the oc- 
currences of one hundred years ago. 

In thespringof 1777. as you all know, the British Ministry 
were hastening the preparation for the invasion of New York 
from Canada, by the army of Burgoyne, and Washington was 
planning how to assemble north of Albany a force sufficient to 
defeat that invasion. The minds of the England and America 
of that day were intent upon Lake Champlain and the sources 
of the Hudson. Few white men, then knew of the existence 
of our river Muskingum. The outer edge of the English set- 
tlements touched no foot of Ohio soil. A rude fort stood at 
Wheeling; a more military work, at Pittsburgh, commanded 
the junction of the Allegheny and Monongehala rivers: hut 
these outposts were separated, by many mile's of forest and 
mountain, from what could be called the settled districts. 
Neither our city, our county nor our State existed one hun- 
dred years ago. So far as this portion of the earth then pos- 
sessed any political limits or organization it formed a part of 
the province of Canada, which according to "The Quebec Act," 
passed by the English Parliament in October, 1774, included 
all the territory north of the Ohio and east of the Mississippi, 
as well as what is now the provinces of Ontario and Quebec. 



\tuskingurn County Cfouri ttouse. 13 

h is popularly supposed that what is how Ohio belonged to 
Virginia and was ceded by her to the United Slates. 

1 believe, however, that an examination of title will result 
in a conviction that Virginia had no valid title to any land 
north of the Ohio river, excepl such title as resulted from the 
assenl of the United States to Virginia's "reservation" oi the 
trad lying between the rivers Scioto and Little Miami, known 
as "The Virginia Military District." A brief history of the 
title of this land north of the Ohio may lie interesting. 

In 1578, Queen Elizabeth gave the first English patent for 
land in A merica to Sir If nmphrey Gilbert, who upon establishing 
a plantation within six years from tin- dale of the patent, was 
to own Bole jurisdiction over the territory embraced within 
six hundred miles of said plantation. Gilbert tailed to establish 
any settlement, although he tried to do so in what is now 
Nova Scotia. 

In 1584, the same Queen gave a similar patent to Gilbert's 
brother-in-law, Sir Walter Raleigh, who etfected a settlement 
at Roanoke, North Carolina. But some of his colony return- 
ed to England, and the remainder were never afterward seen 
by white men. 

In 1606, King James 1 set apart a belt extending from Cape 
Fear, in North ( 'arolina. to Halifax, in Nova Scotia, to he settled 
by two rival English corporations or companies. The London 
company had an exclusive right to occupy from 34° to 38° north 
latitude, and a contingent right between 38° and 40°, and by 
the terms of l he charter their lands extended west and north- 
west to the South Sea. But by its terms the King retained 
"the right of future regulation," and the actual territorial 
rights were to be controlled by the location of the settle 
menls made. For instance, t heir northern limit was to he fifty 
miles north oi' their first settlement. Had this charter remain- 
ed unaltered, Virginia would have had its north line near the 
Rappahannock. Afterwards, by a second charter her extern 
was increased, hut the Crown continued to claim, ami to ex- 
ercise wit hout dispute, tin- right to granl to others lands not 
vested in the Company by actual settlement. Thus the Colo- 
nies of Maryland. New Jersey and Pennsylvania on the north. 



14 dedication of the 

and Carolina on the south, were successively established under 
royal grants upon territory thai had al first been included 
wit hin the Virginia charter. 

But before King James, of England, granted to the Virginia 
Company these rights of settlemenl between latitudes 34 and 
11. the King of France, in Kin:;, had by patent granted to one 
DeMonts the sovereignty of "Acadia and its confines," from 
the40° to the K!° of north latitude; that is from Philadelphia 
to beyond Montreal, ruder this patent theFrench in Kid.") settled 
permanently at Port Royal. Then the Colonial enterprises of 
the two nations, begun about the same time, progressed with a 
rivalry that resulted in successive wars. The English confined 
themselves to the tract east of the Alleghenies and south and 
west of the Penobs«ot. The French founded Quebec and Mon- 
treal, ascended thejSt. Lawrence, the Sorel and Lake Champlain, 
and established a fortified boundary, which included in French 
territory parts of New York and Pennsylvania, and every foot 
of land north and north-west of the Ohio. And all of it was 
firmly held b} r them until Wolf's victory on the plains of Abra- 
ham produced the peace of Paris in 1763. by which, for the first 
time, the title passed to England. 

And the first English state paper applicable to our Ohio and 
Muskingum history was a proclamation issued soon after this 
treaty, by which "all the country beyond the Alleghenies" was 
shut against emigrants, '-from fear that remote colonies would 
••claim the independence which their position would favor." 
As wrote Lord Harrington: "The country to the westward of 
••our frontiers quite to the Mississippi was intended to be a 
■•desert for the Indians to hunt in and inhabit." 

The "Quebec Act" before referred to, passed in October, 1774, 
eleven years after England first owned "north-west of the 
Ohio,"' as 1 have said, made the Ohio the southern boundary of 
Canada. By the treaty of 1783, England ceded to the United 
States all the land south of the lakes and east of the Mississippi, 
and thus, prior to Virginia's deed of cession, our nation was 
the lawful owner of every foot of land on our side of the Ohio 
river. Like a prudent farmer, however, the United States find- 
ing that Massachusetts. Connecticut and Virginia claimed title 



Muskingum County Court House. 15 

to parts, or the whole oi it. (and the claims of the two New 
England Slates were every whit as valid as thai of Virginia), 
while other States also made claims, took deeds of cession from 
all, and thus "quieted her title." 

Ohio and the North- West were won tor the nation by 
national armies commanded by Washington ami his generals, 
and by the diplomacy of Franklin and Adams, supported by 
the patriot people of the United States. On July L3, 1 7 s 7 . the 
Continental Congress passed an ordinance for the government 
of the territory north-wesl of the Ohio. This contained tin' 
celebrated prohibition of slavery which formed the foundation 
of the policy of freedom. No settlements were made in Ohio 
until April 7. 1788. 

On August 7. 1789, the first Congress, under the Constitution, 
substantially re-enacted the ordinance of 1 7 s 7 . and organized 
"The North-West Territory," which was governed for thirteen 
years by Arthur St. Clair, an emigrant from Scotland, who 
had served as a general officer through our Revolutionary 
War. By act oi April 30, 1802, a State organization embracing 
what is now Ohio was authorized, and Ohio became a State on 
November 2'.». 1802. I repeat these dates as necessary to a com- 
plete statemenl of facts, although I well know that you are 
familiar with them 

Let me here, before noticing the few occurrences within our 
limits, that transpired during t he eighteenth cent ury. ask you 
to fix in your minds the boundaries of our county. 

The State of Ohio when admitted to the Union contained 
only nine organized counties. ()l these, five, Trumbull, 
Jefferson. Belmont, Fairfield ami Washington embraced nearly 
all of the State east of the Scioto river, while the other four 
Adams. Ross, Clermont and Hamilton, included all of the 
State south of the Indian line and west of the Scioto, as well 
as a strip along the eastern hank of that river. The Indian 
line, to which I have referred, ran from the Tuscarawas river, 
at the point where the south line of Stark county crosses that 
stream, southwesterly along the north line of Knox county, 
making one straighl course from the Tuscarawas to a point 
near the north east corner of Darke county. The laud north 



16 Dedication of the 

of the Indian line and weal of the Cuyahoga, and nearly all 
what is now Michigan was "Wayne" county, but the inhabited 
part being north of our State line, the original Wayne became 
a county of Michigan, and after 1810 Ohio created a new county 
of that name. The General Assembly of Ohio, by an act 
passed January 7, 1804. [see 2d Ohio Laws, pages 68, &c] 
created Muskingum County out of Washington and Fairfield: 
This act took effect, and the existence of our county dates from 
the first day of .March. 1804. Elias Langham was then Speaker 
of the House of Representatives, and Nathaniel Massie Speaker 
of the Senate Of Langham I can tell nothing, except that he 
represented Ross county. Massie was a pioneer, Indian-tighter, 
a land surveyor. Born in Virginia, he drifted into the Ohio 
Valley. By his energy and efforts Manchester, in Adams 
county, on the Ohio, and Chillicothe, in Ross county, were set- 
tled. He was a noted man in the Scioto Valley. 

Our County then possessed extended limits. Beginning on 
the Indian line at what is now the north-east corner of Knox 
County; our west line ran along the east lines of what are 
now Knox and Licking, to the western edge of the elbow in 
our township of Hopewell : thence south through Perry Coun- 
ty to the south-west corner of Clayton township. This point 
is north of the ('. A: M. V. Railway, not far east of Wolfs Sta- 
tion, or Junction City. There our south line began and ran 
due east across Morgan County, keeping a bout three miles 
south of our present line, and on through Noble County to the 
north-cast corner of Jefferson township in that County. This 
point is about ten miles south of east from Caldwell. There 
our east line began and ran due north to the north-east corner 
of what is now Tuscarawas County. What is now the north 
line of Tuscarawas, and so much ot the Indian line as crossed 
Holmes County, composed our northern boundry. Thus Mus- 
kingum County was about sixty miles long from north to south 
and about forty-five miles wide, and contained nearly twenty- 
seven hundred square miles. 

By a law taking efteel March 15,1808, Tuscarawas County 
was created, by another on March !. 1810. Guernsey County 
was constituted, and our width was reduced to Iwenty-hve 



Muskingum fount)/ Court House. 17 

miles— the same as now. By another law taking effeel March 
1. 1810, Coshocton County was marked off, but remained "at- 
tached" toMuskingum until April 1, 1811. 

Only one other change in our boundaries was made, by laws 
taking effeel March 1. 1818, creating Perry and Morgan. For 
almost sixty years our bounds have remained exactly as they 
now are; and so long as the Constitution of our State shall re- 
main as it is touching " new Counties" no further change will 
probably be made. Old Muskingum will, so far as concerns 
her extent, he to your grand children, as she is to you this day. 
Within these present limits were a number of Indian towns. 
Several of these stood near the village of Dresden : one east 
of the river and others on the "Wakatomika creek," from 
which they took name as "The Wakatomika towns." Another 
was at or near Duncan's Falls. The discovery of great 
numbers of flint implements within the bounds of Zanes- 
ville indicates that here, also, were homes of the same red race. 
The ford, the falls, the good fishing places, all united to invite 
the savage to here fix his home. In Hopewell township, on 
Flint ridge, are found many traces of the work of some pre- 
historic race as well as of the Indian. And mounds and trenches 
in divers other parts prove that the mysterious "People 
of the Mounds" once lived in Muskingum County. So tar as I 
have been able to learn only one instance of actual warfare has 
ever occurred in our county, and it was one hundred and three 
years ago, — in June, 1774. About four hundred men rendcz- 
voued at Wheeling, under Captain Michael Cresap and others, 
went by boat down the Ohio to the mouth of Captina Creek, 
near the south line of Belmont county; thence guided by Jon- 
athan Zane and others, they marched through Belmont, and 
Guernsey and Muskingum to "Wakatomika," about six miles 
from Dresden, and on the east side of the river they met the 
Indians. A Scotch officer called Angus McDonald, and rank- 
in-- as Colonel, had overtaken the force and was in command. 
A skirmish ensued. Two whites, named .Martin and Pox were 
killed; both by the same ball. Fight or nine were wounded. 
A soldier named Wilson shot the Indian who had killed .Martin 
and Fox. The Indian losses were not known, but they re 
treated — abandoned the east side of the river and in a day or 



18 Dedication of the 

two Cresap, by ;i night movement and early attack, seized their 
towns on the Wakatomika, and they sued for peace. Five oi 
their chiefs were given as hostages pending negotiations. 
While these tardily progressed, the savages quietly moved their 
families and effects and two hostages escaped. The little army 
then moved up the west bank of the river about a mile, had 
another skirmish, with a small loss on both sides, and burned 
the towns and cut down the growing corn. This having been 
done, the expedition retraced its steps to the Ohio, taking along 
the three chiefs as hostages, and they were sent to Williams- 
burg, Virginia, In the fall peace was made and they were re- 
leased. 

No settlements were made by the whites within our present 
county limits until after General Wayne by his vigorous cam- 
paign in the Auglaize and'Maumee country had so thoroughly 
defeated the red men that they gladly made peace. Long 
before Tecumseh inspired the tribes along the Wabash to 
resume hostilities in a vain effort to stay the ingress oi our 
race upon their hunting grounds, the valley of the Muskingum 
had ceased to belong to the "frontiers." I can, therefore, 
recount to youjio tale of savage barbarity or heroic adventure. 
The internal or home* history of our comity covers seventy- 
three years of peace. 

But the recruiting drum has more than once called Mus- 
kingum soldiers to the national armies in times of war. 

During the war with England — 1812-181,") — sundry squads 
or fragments of companies, some for field service and others 
for duty in the Quartermaster and Commissary departments id 
the army first of Hull and afterwards <>!' Harrison, were 
enlisted here. One of our lawyers of that day. Lewis Cass. 
was made colonel of one of the regiments in Hull's army, and 
showed such spirit at the time of the ill-advised surrender of 
his general, that after promotion to the rank of brigadier gen- 
eral, he was at the close of the war appointed Governor of 
Michigan Territory. His subsequent services as minister to 
France, as a United States Senator and a Cabinet Officer, are 
too well known to need special mention here. 

The personal hostility of Van Buren and his partisans alone 
prevented Lewis Cass from holding the Presidency of the Uni- 



Muskingum County Court Mouse. 19 

ted Sillies Iron, 1849*to 1853. No lawyer whoever belonged 
to the Barof Muskingum County obtained greater distinction 
or served his country more usefully than Lewis Cass. The 
spirit <>f loyalty to his country's flag that inspired him in his 
youth at Detroit, was with him in his age; he refused to re- 
main Secretary of State when President Buchanan declined to 
openly contend against the secession rebellion. 

In lS?,(i, some of the young men of Muskingum yielded to 

to the desire lor adventure and to their sympathy for the Texas 
revolutionists, and served with credit in the army of that strug- 
gling Republic. 

In the spring of 1846, the news of General Taylor's combats 
at Palo Alto and Resaca de la Palma, and the call of President 
Polk for volunteers, excited the martial spirit of our people. 
Muskingum furnished her quota of volunteers. Many of you 
remember the camp on Putnam Hill, the rendezvous of this 
valley. Our volunteers served in the third Ohio, commanded 
by Colonel Samuel P. Curtis, then of Mt. Vernon ; the same 
officer who in the war with the rebellion became a Major Gen- 
eral and held high command in Mississippi, Kansas and Ar- 
kansas. 

But few knew the military spirit of our people prior to the 
firing on Sumpter and President Lincoln's call for seventy-five 
thousand men in April, 1861. The morning papers of Monday 
made known the call. By Thursday, Captain John C. Hazlett's 
Company " H" of the first Ohio, having reported "full," at' 
Columbus, was passing through Pennsylvania en route for 
Washington ; and Captain Ephraim P. Abbot's Company <• E 
of the 3d Ohio, had filled its roll. Captain R. W. P. Muse's 
Company for the 16th Ohio sooai followed ; then Captain Shel- 
don Sturges' Company in the 24th Ohio. Then Captain B. A. 
Blandy's Company, which was divided, part going into the 25th 
Ohio, with Lieut. B. W. Blandy. Then Captain W. I>. Ham- 
ilton's Company of the 32d Ohio, followed by the second Com- 
pany raised by Captain Eazlett for the 2d Ohio. 

1 cannot'take time to enumerate each organization that fol- 
lowed — but besides tilling several companies in the 62d, 7-st h. 
97th, and 122d Regiments, Muskingum men served in the 1st, 



20 Dedication oj the 

2d, 3d, 5th, 15th, 16th, 19th, 24th, 25th, 26th, 27th, 30th, 32d, 
44th, 76th, 127th, 159th, 160th, 178th, 180th, 185th, 193d, 194th, 
and 195th Ohio Volunteer Infantry; and in the 1st, 8th, 9th, 
10th, 11th, 12th, and 13th Ohio Cavalry, and in the 18th U. S. 
Infantry. The county furnished more soldiers than Taylor had 
at Palo Alto ; assembled the}" would have made a very large 
brigade ; or have equaled many a division. 

Time and space are not now at command in which to even 
outline their marches and their services, or to name those who 
merited or won distinction. Soldiers of Muskingum were at 
.Rich Mountain, where Roseerans won the first Union victory; 
at Bull Run where we suffered our first great defeat; a1 Fort 
Donelson where we captured our first army: at Shiloh where 
twenty thousand men killed and wounded on both sides, prov- 
ed the courage and firmness of both North and South ; at 
Kernstown when "Stonewall" Jackson met his first repulse : in 
the Seven Days before Richmond, under McClellan; at Cedar 
Mountain, under Banks, against "Stonewall ;" at Popes Bull 
Hun; at Antietam ; at Chancellorsville ; at Vicksburg; at 
Gettysburg ; at Chickamauga; at Chattanooga: with Grant 
from the Rapidan to Petersburg; with Sheridan in the Shen- 
andoah Valley ; with Sherman after Chattanooga to Knoxville; 
on the raid from Vicksburg to Meridian; through the Atlanta 
campaign; and in the march to the sea: with Thomas when 
Hood sought and found his own overthrow; with Sherman 
from Savannah to Goldsboro ; with Grant and Sheridan at Ap- 
pomatox; with Wilson and his cavalry from the Tennessee to 
Macon ; with Stoneman across the mountains, and through 
West-North-Carolina; with Sherman when Johnston and his 
army surrendered. 

Let a chronicler recount the story of Muskingum soldiers 
during the war with the rebellion, and few of its combats will 
be unnamed. When the war ended the roll of Muskingum 
men who found death in their country's service numbered more 
names than any man in December. I860, when Major O'Neill 
and others, and myself, spoke at the union meeting at Beard's 
Hall, supposed could be recruited in the county for the war. 
As a straw to indicate the feeling the day after the South Car- 
olina Convention had adopted its secssion ordinances: one of 



Muskingum County Court ttouse. 21 

our Bar — then a believer in the right of secession — said tome: 
"Yon can't raise a regiraenl in all of Ohio south ofthe national 
mad to fighl the South." I replied: "We can raise a regiment 
in Muskingum County alone!" Events proved that I might 
have said a brigade. 

As already said — we have not time to name all who merited 
or won distinction. It may, however, interest yon to hear, at 
least in pari, the list oi Muskingum County men who obtained 
the grade of general officers. I repeat their names with their 
brevet rank, giving them as nearly as i can in the order of 
their promotion : 

MAJOK GENERALS, BY BREVET: 

Roberts. Granger; Charles C.Gilbert; Mortimer 1). Leg- 
gett; Catharinus P. Buckingham ; Willard Warner. 

BRIGADIER GENERALS, BY BREVET. 

William H. Ball ; William D. Hamilton ; Greenbury F. 
Wiles; John Q. Lane ; i omit the fifth. 

God grant that it may be long before our county shall again 
be called upon to send her sons to war; yet it' it comes may 
she do her duty as she has done heretofore ! 

Lei us return to our civil history. As 1 have said. General 
Wayne's victories ended the Indian war, and in the succeeding 
peace Ohio was rapidly settled. In May, 179G, Congress pas- 
sed a law authorizing Ebenezer Zane to open a road from 
Wheeling, in Virginia, to Limestone, near Maysville, Kentucky. 
In 1797, he with ■■ his brother Jonathan Zane and his son-in- 
law, John Mclntire," both experienced woodsmen, proceeded 
to mark out the new road which was afterward, in a hasty man- 
ner, cut oul hy tlu-two latter, sufficiently to make it passable 
for horsemen. The act of Congress allowed Zane to locate 
military warrants dpon three sections, not to exceed one mile 
square each. The first of these to be at the crossing of the 
Muskingum he located here, and gave to Jonathan Zane and 
.lol.n Mclntire for doing said work. In 17!M>, they laid out a 
town in the south east corner of their section, and called it 
Westbourn, placing the plat on record at Marietta, this ground 
being then in Washington County. The south-east corner of 



22 Dedication of tfa 

their mile square was at the intersection of what are now South 
street and Seventh street, near the home of Mr. John Bowman. 
Westbourn as so laid out was bounded north by what is now 
North street, east by Seventh street, south by South street, and 
west by the river. 

The act of Congress required Zane to keep a terry across the 
river during the pleasure of Congress. So the two town pro- 
prietors agreed with WiHiam McCulloch and Henry Crooks to 
give them the terry for five years, on condition that they move 
to the place and keep the ferry. McCulloch and Crooks were 
the first white settlers of Zanesville. 

The first regular mail ever carried in Ohio, was brought from 
Marietta in 1798, to McCulloch *s cabin by Daniel Convers; 
there it met mails from Wheeling, and from Limestone, and the 
cabin was in fact the first "distributing post-office' ' in Ohio, 
although in law not a post-office at all. By 1802, several fam- 
ilies had settled here, and a regular post-office was established, 
which the Postmaster General, Gideon Granger, named "Zanes- 
ville," and the village soon took the same name. It remained 
unincorporated until January 21, 1814, when an act was passed 
which included within the corporation the original town plat 
of 1799, and all subsequent additions. The act creating the 
County, passed as already stated, in 1804, provided that the 
count}' seat should be at Zanesville, until permanently located. 
Under that law, our first Court of Common Pleas began its first 
term in David Harvey's tavern, at the south-west corner of third 
and Main Streets. Coshocton and the Cass Bottom, near Dres- 
den, competed for the permanent county seat, but the locating 
Commission decided in favor of Zanesville. Subsequently 
Court was held in a log cabin belonging to one James Herron, 
on south Sixth street, about one hundred feet south of Main 
street. 

In the year 1808, our first Court House, Sheriffs house and 
Jail were built. This room, in which we are now assembled, 
is, I believe, immediately above the spot upon which they stood, 
but the floor now under our feet is higher, in air, than even 
the chimney topsof those humble structures ; notwithstanding 
the fact that the room in which Court was then held, was also, 



Muskingum County Court House. 23 

in the second story. The Sheriff and his family lived in the 
first story. The Court House was a frame structure, two sto- 
ries high, 20 by 55 feet. The Jail was two stories high, built 
of hewed logs, squared, and lined on the inside with three-inch 
planks. The lower story was for criminals, the upper for deb- 
tors. The two buildings, Court House and Jail, were under 
one roof. 

The contract was let January 25, 1808,. to Henry Ford, for 
$480, and was signed by only two of the Commissioners, Henry 
Newel and Jacob Comber; the other refused to sign because it 
was "too much." An extravagant price. "Court House, 
Sheriffs house, debtors prison, Jail — a little over $100 each. 

Section 4 Article VII of the Constitution of 1802, read : — 
" Chillicothe shall he the seat of Government until the year 
" one thousand eight hundred and eight. No money shall be 
•• raised until the year one thousand eight hundred and nine, 
" by the Legislature of this State, for the purpose of erecting 
•• public buildings for the accommodation of the Legislature." 

As early as 1807-8, the subject of the removal of the capital 
was agitated ; and at the session of 1808-9, the Muskingum 
delegation in the General Assembly, was re-infbreed at Chilli- 
cothe, by a committee appointed by the citizens, headed by John 
Mclntire ; and assurances were received that if the county, 
would, at its own expense, furnish suitable buildings for the 
Legislature and State Offices, a law would be passed making 
Zanesville the "temporary Capital." Our people believed that 
the capital once here, would remain. Public spirited citizens 
loaned the money and the County built what has been so well 
known among us as "Old 1809." During the summer of 1809 
the main building, intended for tin- Legislature, was put up- 
but not finished. The contract was awarded April 10, 1S09, to 
Joseph Munro, Daniel -Convers, John Williamson, and James 
Hampson, for $7,500, to be completed by December 1. 1810. 
In excavating lie' the foundation a small mound was opened in 
which they found a skeleton, some Hint arrow heads and a 
stone hatchet. The hones crumbled onbei i ig exposed to the air. 

Notwithstanding these efforts of the county and town, al- 
though the Legislature assembled early in December, 1809, it 



24 Dedication of the 

was not until the 19th day of February, 1810, that the folio-w- 
ing act was passed : 

' ; Sec. 1. Be it enacted, &c., That the seat of Government 
•• be, and the same is hereby fixed, and shall remain at Zanes- 
•• ville, until otherwise provided by law. This act shall take" 
" effect and be in force from and after the first day of October 
•' next." 

But the hoj)es of Zanesville and Muskingum that '• once 
hero, it would remain," were not even allowed more than a 
day's existence, for an act was passed next day, February 20, 
1810, providing for the election by the Legislature by ballot of 
five Commissioners whose duty it should be to locate the per- 
maneyit Capital, in a place " not more than forty miles from 
•• what may be deemed the common center of the State, to be 
" ascertained by Mansfield's map." And these Commissioners 
were ordered to meet at Franklinton, on September 1st, 1810- 
Thus it was known that one month before Zanesville could be- 
come the temporary capital, the duty of seleeting the spot for 
the permanent eapital would probably be completed; and that 
Zanesville could not be that spot; for the central pointof an east 
and west line across Ohio, passing through Zanesville, isthe west 
line of Licking County: a point forty-two miles distant — at 
the very least from our City — while the fact that the geograph- 
ical center of the State lay north of that line, increased the 
distance and left no room for hope, unless by management the 
second act could be repealed. 

Although their efforts had been only partially successful, the 
honor of county and town was involved, so the State House — 
Court House was completed in the summer of 1810 ; and also, 
a smaller building for use by the Secretary of State, and State 
Treasurer ; this was of brick, one story high, and stood just north 
of the west door of this Court House. By direction of the 
Legislature all its books, papers, &c, were committed to G-eorge 
Jackson, John Mclntire, Wyllis Silliman, Bobert McConnol 
and David J. Marple for transportation to Zanesville. It is 
therefore probable that these gentlemen composed the com- 
mittee appointed by citizens hereinbefore referred to. 

On the third day of December, 1810, the General Assembly 



Muskingum County Court House. 25 

met in •• old 1809," and chose Edward Tiffin, Speaker of the 
House, and Thomas Kirker, Speaker of the Senate. The House 
occupied the room so long used by our Court of Common Pleas; 
the Senate sat in the larger of the rooms in the second story : 
the room always afterward known as " the old Senate Cham- 
ber." This session ended on the 30th (\i\.y of January, 1811. 

The next session began December 2, 1811. and ended Febru 
ary 21. 1812. During the first ten years of our State's life it 
had but one representative in Congress; the h'rsi Congressional 
apportionment law was enacted in Zanesville. Ohio being 
then entitled to six representatives in Congress — this law as- 
signed one of them to a district, composed of the Counties of 
Belmont. Coshocton. Guernsey. Jefferson and Muskingum. — 
being the fourth District. 

On the 21st of January, 1812, two laws were passed, under 
which, afterward, thebridgesovcr the river at Third and Main 
streets were built; under another aet passed February 21, 1812, 
John Melntire and others, (afterwards incorporated as "The 
Zanesville Canal and Manufacturing Company,") built a dam 
across the river and a lock. 

Al this session also, on February 14th. 1812, was passed the 
law locating the capital permanently "on parts of half sections 
" 9, 10, 11, 25 and 26, opposite Franklinton, Franklin county, 
"on lands of Alex. .McLaughlin and others:" but returning the 
temporary sent of government to Chillicothe, there to remain 
until the first Monday in December. 1817. At that day Colum- 
bus had no existence — not even a name — it was a spot -opposite 
Franklinton." But Zanesville's last legislature did what ii 
could to supply a designation, and on the last day of its exis- 
tence, resolved, "That the (own to he laid out at the Ilighhank 
■■ on the east side of the Scioto river, opposite the town of Frank- 
•■ linton. tor the permanent seat of government of this State, 
••shall he known and designated by the name of " COLUMBUS." 

From October 1. 1810, to May 1. IS] 2. — one year and seven 
months. Zanesville flourished as a State capital, and then re- 
turned to the more modest luit respectable position of shire- 
town or county seat, and held until the census of 1850, equal 
place with Dayton, Cleveland and Columbus, as ■• chief towns," 



26 Dedication of the 

second only to Cincinnati. Columbus bad borntlip " Capital 
City" for well nigh thirty years before she had a population 
greater in number than our town. 

While the Legislature was here, the Courts continued to sil 
in the frame building of 1808; but after the capital \ven1 back 
to Chillicothe, the "State House" became the "County Court 
House." and served us such from the spring of 1812. until Sep- 
tember, 1874. over sixty-two years. 

The firsl court house.-, which had meanwhile served as 
school house, meeting house. &c, and jail," was burned down 
April 3, 1814. On the evening of April 2d. two men arrived in 
Zanesville from the east, having in custody a negro claimed to 
be a fugitive slave, escaped from Kentucky. They placed their 
prisoner in the jail for sale keeping during the night. Some 
excitement arose amongsl the citizens, some of them urging 
that such use of the jail was unlawful. The negro attempted 
to burn the lock off the door, and succeeded so well thai by 
morning nothing was left but the lock and himself he owing 
his escape from death to the active benevolence of a part oft lie 
people; others insisting that he ought to be thrown back into 
the fire. 

Assisted by some ••free soilers" of that early day. he subse- 
quently escaped from his custodians. 

Muskingum's first court house and jail became a burnt- 
offering for the sin of slavery. "Old 1809" and other adjacenl 
buildings escaped because their roofs had been soaked by a rain 
that night. 

Before leaving these early means for admistering justice, I 
must mention one now wholly obsolete, save in the State of 
Delaware, the whippingpost. This stood on the small Indian 
mound heretofore named. It was erected in 1808, and existed 
only one year, and some eight or ten convicts for "minor of- 
fenses," received in public about twenty-five lashes each. Af 
ter this post disappeared "whippings" were inflicted at the 
the south-east corner of the old log jail. 

In 1*22. a Sheriff's house and jail was built of brick, t he same 
that was used as the residence of the jailor until 1876. In 
1846, one Davis convicted of poisoning his wife escaped from 



Muskingum Count// Court Souse. 27 

this jail, and soon after a stone jail was built adjoining the 
south-east corner of said brick. Contrary to expectation the 
stone jail was by no means a secure custodian. An Irishman 
who had been working on the railroad, having been arrested for 
assault and battery, by means of shovel and poker speedily 
excavated a passage-way below the foundations of the dungeon 
and the next morning 'the astonished Sheriff found an empty 
jail, and a hole "erected"' in the Courl house yard. You can see 
from von windows how these last named Sheriff's house and jail 
have been replaced. 

In 1830-1, the Zanesville Atheneum built the east wing, be- 
tween "1809" and the alley, externally like the west wing. It* 
upper story was used until 1874. for library and reading rooms; 
its lower story and basement for offices, &c. 

About 1833, a west wing consisting of a basement and two 
stories was built bet ween "1809" and Fourth street ; its rooms be- 
ing used by the clerks of the courts and other county officers. 
From 1851 to 18.74, the Probate Court occupied rooms in its 

second story. 

On September 4th. 187 I. the contract for this Court House was 
awarded to Mr. T. B. Townsend, at 8221,657, and on the 11th 
day of the same month, the District Court — Judges .Marsh. 
Frazier, Miller and Chambers, met for the last time in "old 
1809," and disturbed early in its morning session by the con- 
tractor's eager workmen adjourned to Black's Music Hall, and 
t lie work of demolition began. 

This brief sketch of the structures that have occupied this 
ground — beginning with the rude mound enclosing the remains 
and weapons of an unknown race, who once as a people, pos- 
sessed the valley of the Mississippi and its tributaries, and end- 
ing with these evidences of our present wealth, taste and arch- 
itectural skill, indicates the changes wrought in three quarters 
of a century. Your own thoughts and imaginations aided by 
the memories of many among you, can easily till up the pic 
lure of the successive generations thai have in the interval 
lived and died, suffered and en joyed, failed or succeeded, within 
our vicinage as these years passed away. 

One more topic in our county history 01U8t he treated upon 
before 1 turn to our Courts and liar. 1 mean, our transportation. 



2S dedication of the 

So much of life's existence, to say nothing of life's happi- 
ness, depends upon "exchange of commodities," that ••means of 
transportation" arc of paramount importance to every commu- 
nity. For a score of years after our county was formed, the 
rude country road winding through forests, up and down and 
around the hills between the Muskingum and the Ohio, formed 
our only communication by pack-horse or on wheels with the 
older States. Our river with its tails permitted the upward 
passage of keel boats, or pirogues, as they were called, at cer- 
tain brief seasons, and even then it was tedious and difficult. 
After the steamboat came into use, in times of high water one 
and another drew crowds to our river banks as they passed. 
Such produce as our people could spare for a southern market. 
loaded upon rough flat boats, or "broad horns." as they were 
called, floated down the rivers until the cargo being sold, the 
boat itself was bargained away as lumber, and the crew worked 
their passage home again up the rivers, or occasionally around 
by the ocean and over the mountains. About 1825, Ohio began 
the canal from Portsmouth to Cleveland, and building it, 
extended a side cut to the Muskingum at Dresden. In 1836, 
the State began to contribute to the Muskingum slack water 
improvement, and in 1837-8-9, it progressed, under Samuel R. 
Curtis as engineer: the same heretofore named as afterwards a 
colonel of Ohio volunteers in the Mexican war, and a Major 
Greneral of United Slates volunteers in the war with the Rebel- 
lion. One of the -boys" subordinate to him in the engineer's 
department was the present Secretary of the Treasury — long a 
United States Senator from Ohio — John Sherman — who then a 
hoy about fourteen years old began his life's work upon the 
improvement of our river. This work, completed about 1839, 
gave us easy communication by water with Pittsburg, super- 
seding what 1 ought to have mentioned before — the National 
Turnpike road and the Conestoga wagon. 

During the administration of President Jackson, the National 
road projected from Cumberland, in Maryland, to Vandalia. 
the first capital of Illinois, was completed through Zanesville. 
For more than twenty years this turnpike brought to and 
through our county the great western mails in well-appointed 
stage coaches, which served also as carriers of passengers, and 



Muskingum Count// Court House. 2M 

i';i n with great regularity at a speed deemed very rapid, in 
those days. |',\ the same road the long, high, blue-bodied Con- 
estoga wagons, with their ample canvas covering held aloft by 
a frame work of high arching bows, and drawn by tour or six 
stout horses, brought from the distant Basl to this the then 
West goods and merchandise to be dealt out by store-keepers, 
each of whom held himself prepared to supply every article 
the market could command, whether dry-goods, groceries, 
hardware or notions. This greal avenue, maintained in good 
order by the public, could be relied upon all the year round, 
while its competitors, the canal to Cleveland and the rivers via 
.Marietta to Pittsburg, were both closed by the ice in winter, 
and one of them oft times disabled by the droughts of summer. 

In 1853—4, our first railway was completed, and since then 
each successive year lias increased our dependence upon the 
iron-horse and his iron-road and added to his power to supply 
us. 

These changes in the means of transportation have worked 
great changes in and among our people, but there is no time or 
place to-day to note them in speech. Your busy memories may 
silently aid your thoughts in painting them for your mental 
eyes. "Tempores mutant — mores mutantur." In four words the 
old Roman said a fact that is as true to-day on the Muskingum 
as it was in his day on the Tiber. 

Thus concisely disposing of the first branch of the subject 
assigned me, I approach the second — "Its Courts and Bar." 

As already said, our county's birthday was March t, 1804. 
On April 25. ISOd, the first session of the Court of Common 
Pleas was held in David Harvey's tavern. Ohio had borrowed 
a judicial system from Pennsylvania, and grouping Several 
counties in a •■circuit.'' assigned to it one President Judge. He 
was required to be a lawyer, and wrs elected by the State Leg 
islature. That body also chose from amongsl the electors of 
each county three citizens — not lawyers — ami called them 
Associate Judges. The President and two Associates made Up 

a quorum; in the absence of the President, the three Asso- 
ciates could sit as a court. Special sessions could he held as 
often as needed, by the Associates, and they disposed of the 
real body of the ordinary work uow done in our Probate Court. 



.';ii t)edication of the 

The State, in 1804. embraced three circuits. The second 
contained Adams. Pairffeld. Franklin, G-allia, Muskingum, 
Ross and Scioto counties* and the 25th of April was by law 
named for the beginning of the tirsl term of Common Pleas in 
Muskingum — being the third Monday in the month. The 
Supreme Courl consisted of three judges, and was required to 
bold one term each year in each county, and the said third 
Monday, April 25. 1804. was fixed tor the beginning of the tirst 
term of the Supreme Court in our county. I have found uo 
trace of any session of the Supreme Court, but the President 
Judge of the Common Pleas Circuit that year was Levin Betts. 
Our county offices contain no docket or record of any kind 
touching that session, and it is very probable that it was 
merely a formal one. A hel Lewis was by the Court appointed 
Clerk, pro tern., of the Court of Common Pleas, and over his 
signature the earliest writ issued from our Common Pleas of 
which any record exists went out on June '6, 1804. being a 
capias ad respondendum at the suit of Samuel Courier, hus- 
bandman-carter, versus .lames Sprague. Wyilis Silliman was 
attorney tor plaintiff, and Philemon Beecher, of Lancaster. 
appeared for the defense. The action was iii slander : damages 
claimed, 8500; the slander charged being the use of the words. 
"You area thief, and I can prove it. The declaration was in 
the old verbose form. Verdict for plaintiff; damages, Sn5. This 
verdict was rendered in November, 1804, and so far as the 
records show was the tirst oiu' in our county. Lawyer Silli- 
man evidently was displeased with his client, for on Novem- 
ber 20 — same month — he sued out another capias as attorney 
tor the very .lames Sprague from whom he had just recovered 
the $3, and arrested his former client, Samuel Courier, hus- 
bandman-carter, in a suit tor 8100 debt. Lewis ('ass defended 
this suit, and at August Term, L805, obtained a verdict, and 
James Sprague had to pay the costs. 

It may he interesting to some of you to hear the names of 
the men who were the tirst petit jury in Muskingum Common 
Pleas. 1 quote the order of the record: 1, William Mont- 
gomery; 2. Isaac Prior; 3, John lleasoner; 4, Joseph Nell': 5. 
Thomas Cordray; 0. DavidHerron; 7, William Dusenberry; 8, 



Muskingum Comity Court Rouse. 



31 



William Reasoner; 9, Daniel Campbell; LO, Joseph Stott«; 11, 
David Enslow; the twelfth man did not appear. 

The r.-cord is no1 signed, hence 1 cannot say with certainty 
what judge presided, bul I presume it was Levin Betts. I 
have not been able to Learn anything as to his history. Mue 
kingum remained in his eirei.it less than a year. It is prob 
able that he resided near or west of the Scioto, as the most 
populous part of his circuit was Ross County, which had a 
large influence in the Legislature by which he mast have been 
(defied. 

The act of February 22. L805, transferred Muskingum to the 
fchird circuit, composed oi the counties oi Belmont, Colura 
biana, Jefferson, Muskingum, Trumbull and Washington, and 
thereby Calvin Pease became our President Judge. He was 
even then, although he had been for some years on the bench, 
only twenty-seven years old. A.. New-Englander; sharp. 
energetic and witty. He resided in Trumbull County, and 
-administered the law to all the inhabitants of the Stale easl 
of the Muskingum River," and performed his duties as judge 
••with much ability and integrity." He ceased to be our judge 
at the close of 1S07. but became one of the judges of the 
Supreme Court of the State in 1816, and at the same time John 
McLean, who for so many years adorned the bench ef the 
highest National Court, was ehosen a member of the same 
court. Judge Pease afterwards practiced law in Trumbull and 
adjoining counties. It may be well to here read a list of the 
Common Pleas Judges who have presided in our county: 

1804— Levin Betts. 
1805— 1808— Calvin Pease. 

1808 1822 — William Wilson. 

1822 — 1S36— Alexander Harper. 

1836— 1846— Corrington W. Searle. 

1847— October 17. L851— Kichard Stillwell. 

October 17. 1851— February 9, L 852— Corrington W. Searle. 

L852— September Hi. L854— Kichard Stillwell. 

September 16, L854— October 20, 1854— John E. Hanna. 

October 20, L854— 19th October, 1855 Charles C. Convers. 

October !'.>. 1855- 25th October, 1856 Corrington W, Searle, 



32 Dedication of the 

October 25, 1856- 9th February, 1862— Lucius P. Marsh. 

February 9, 1862— 10th December, 1866 - Ezra E. Evans. 

December K>. 1866— 9th October, 1871— Moses ML Granger. 

August 3, 1869— :;,i Angust, 1874 — Frederick W. Wood. 

October 9,1871— William 11. Frazier. 

August ."-. 1874— Lucius P. Marsh. 

.Indue Frazier was re-elected in 1876 without opposition. 

William Wilson, our third President Judge of Common 
Pleas, was horn in the year 1770. at or Dear Goffstown, a vil- 
lage about fifteen miles south o\' Concord, the capital of Now 
Hampshire. The son of a farmer, ho was educated at Dari 
mouth College. 1 now read to you a sketch writ ion by James 
R. Stanbery, Esq., o\' Newark. It is as follows: 

"Having studied law in his native Stato. he removed to Johns- 
town, New York, where ho practiced a short time, and then 
came to Chillicothe, Ohio, where ho married. Ho wasappoint 
ed President .Indue of the Court of Common Pleas in the year 
1808, when Licking county was organized, and presided in the 
courts of the district of which Licking was thou a part, until 
the year 1822. [n October, 1822. he was elected to Congress. 
lie served as member of Congress formic term, and was re- 
elected, served a second term, and died in 1S27 : and is buried 
at Newark. Ohio. The counties composing his judicial districl 
included Fairfield, Licking, Knox, Muskingum and others. His 
characteristics as a man were peculiar, ami ho was while he 
lived, noted for his liberality, and had the confidence and re- 
gard o\' all his neighbors. Ho was foremost in all public enter- 
prises of his day. and consulted in all matters of public interest. 
He was very easy of approach by all. and had a popularity 
which always secured him public position when he aspired to 
it. His knowledge of his profession is said not to have been 
proton i id. hm his administration of justice was satisfactory, ami 
up to the requirement of the time in which ho lived, lie be- 
lieved in keeping the peace, and ridding the community of ob- 
noxious offenders in a small way, by what nowmight be consid- 
ered a more summary process than attends --the law's delay." 
There was once on a time in the history of the village in which 
he lived, then Containing a Sparse population, such men as wore 



Mn kingum County Court lb,** , 33 

known as wife boaters, and the citizens upon one occasion, (as 
recollected by the writer then a boy,) had convened to punish 
sncli an offender; after diligenl search for him, they found him 
concealed in his cabin, and had prepared a rail upon which it 
was proposed t<> mounl him. By common consent of the crowd 
before administering the punishment, it was concluded thai 
Judge Wilson should first be consulted as to its propriety. The 
rosidence of the Judge was sought, who being aroused from 
his bed, and advised of the object of the visit, which was in 
the night, promptly approved of the decision <>l his neighbors, 
and after furnishing the necessary luxuries, beaded the proces 
mod and carried the offender to be dealt with as had been dc 

cided. When the ride was extended far enough, the victim 
being rested and refreshed from time to lime. the. Judge <leli\ 

ered him a lecture, and directed him to leave the neighborhood 
and never again revisit it. That man never came back." 

I am indebted to Henry B.Curtis, Esq., of Mt. Vernon, Ohio, 

who tor more lhan half a century has hcen an honored member 
of our profession, as to the place of Judge Wilson's birth and 
boyhood home. I am, also, indebted to Judge Jerome Buck 

ingham, and to Mr. Isaac Siniicker. of Newark. 

Judge Alexander Harper was horn February .">. L786. I 
think in the north of Ireland. I cannot give you the date at 
which he became a member ol the Bar of our county ; hut the 
oldest existing docket, shows him engaged in cases at August 
Term, 1813. Prom 1817 to 1S22, he had with him in a firm 
styled Harper & Doland, John Doland, who aboul 1824-5, mo^ 
ed io Perry county. In October, 1820, .Mr. Harper was elected 

lo represent Muskingum ill Hie Sate House of I Jcpresei 1 1 a I i 
ami re-elected in 1821. In 1822, ho was chosen Judge. 

< »n retiring from the Bench in 1836, Judge Harper followed 
the precedent set by Judge Wilson, and was elected as our 
representative in Congress, ami as such served for lour terms, 
L837-9; L843-7 ; L851-3. He died Dec. i. i860. His long life 
in our midst made him so known that many who hear me can 
describe him far better than I. When I came to the Bar he 
was just Leaving ii. I can recall only one instance in which 
! beard him argue a cause He was defending a man pearly 



34 Dedication of the 

as old as himself, who under great, provocation had shot and 
killed a man in, I think, Jefferson Township. Judge Harper. 
as known to me was always even tempered and kind in manner. 
His old client, to whom 1 refer, as he sat behind his counsel, 
showed a lace so gentle, so unmarked by passion, that I yielded 
ready credit to his many neighbors who testified that when not 
influenced or overcome by liquor, his temper and conduct had 
always been peaceful. 

Judge Harper, old as he was, spoke with much of the fire 
of his early days, and so carried Court and jury with him that 
the verdict was manslaughter, and the sentence the mildest 
permitted by the Law. 

Another of my few romemberances connected with .Judge 
Harper, is the fact that when in 1851. the Whig congressional 
convention was about to meet to name a candidate wdiose elec- 
tion was sure, the general sentiment of the district awarded 
the place to the Judge. This fact always seemed to me very 
creditable to him. After fourteen years' service as Judge, and 
six years in Congress, to be so called upon as a candidate in a 
district where undoubted party success would naturally invite 
competition before the convention, seems good proof that, in 
his long public service, Alexander Harper had shown himself 
capable and honest. No one in our present Bar was in practice 
while Judge Harper was upon the bench ; hence neither you 
nor I can learn further details of his judicial career. .Such 
men as Thomas Ewing, the elder, Philemon Beecher, Henry 
Stanbery, Charles B. Goddard, and others appeared before him 
year after year, and his circuit comprised a number of impor- 
tant and influential counties. Under these circumstances, after 
seven years of services, the General Assembly, in 182'J, re- 
elected him ; while therefore, details are absent, the outlines 
prove him a worthy Judge. 

His successor, Corrington W Searle, was a resident of New- 
ark, when in 1S36. he was chosen to office. He soon removed 
to Zanesville, and remained in or near our city until his death. 

Born in Wyoming valley. Pennsylvania, of Connecticut pa- 
rentage, he came in early manhood to Ohio, studied law in the 
office of Wyllis Silliman, and was admitted about 182(1. Called 
to the Bar in a new ly settled State, while libraries were scarce 



Muskingum County Court Mouse. 35 

and scant, and books costly and difficull to procure, the circum- 
stances under which Ohio In \v practice needs musl be carried 
on, reinforced his vigorous intellect and keen perception and 
so familiarized him with the great foundation principles of 
law that for him their application to any given slate of lads 
was an easy task ; and he rarely failed to rightly and speedily 
solve the most complex legal problems. A correct thinker, he 
never wasted words in giving expression to his thoughts; every 
word used occupied a fitting place and carried some portion of 
the sense intended to be conveyed. His observation was keen : 
he well understood the men who. as litigants, lawyers, jurors, 
or witnesses came before him. 

As a Judge, his decisions were clear, concise and accurate ; 

as a lawyer, his examination or cross examination oi a witness 
resulted in presenting to court or jury every fact spoken of 
in as favorable a light for his side of the case as well judged ques 
tions could produce. As an advocate, his manner was quiet 
but impressive, and united with his correct reasoning and clear 
style, gave him great influence with court and jury. 

Becoming tired of judicial work, he resigned at the close oi 
the year 1846, and began practice in the law office vacated by 
Judge Stilwell. As shown by the list heretofore read, he was 
subsequently twice recalled to the Judgeship during vacancies 
by resignations. Judge Searle presided for the last time Octo- 
ber 25, 185ti. After that date he undertook no new cases and 
seldom appeared in court. He lived on his farm, about a mile 
south of Putnam, until shortly before his death, he removed to 
Zanesville, and died there December 1, 1865. 

To till the vacancy caused by the resignation of Judge Searle, 
the Legislature selected Richard Stilwell. at the session of 
1846-7. Before the ensuing term of Court, hebecame seriously 
ill, and so continued lor an entire year. He wished to resign, 
but the liar were urgent that he should remain in office. He 
first sat as Judge, in this county on the Ith day of April, 1848. 
in October, 1850, he was chosen to represent our county in the 
Convention which formed our present Constitution, and in Oc- 
tober, 1851, was elected Judge of Common Pleas, for the sub 
division composed of Muskingum, Morgan and Noble Counties; 



36 Dedication of th 

the first Judge chosen ibr us by popular electiou. In Sep- 
tember, 1854, be resigned and resumed practice. 

He was born in Bucks county, Pennsylvania, September 2, 
1797, and was brought in childhood to our county by bis father 
Daniel Stilwell, who sat as Associate Judge of Common Picas. 
in 1817. 

Young Stilwell studied law in Zanesville, with General 
Herrick, and was admitied to the Bar about 1819. His name 
first appears as engaged in a cause at July Term, 1819. lb- 
was soon afterward made Prosecuting Attorney, which office 
he ably filled for many years. He soon acquired a large prac- 
tice, and thence forward held a leading position in our Bar. 
His mind was active and his temperament nervous. Himself 
an able lawyer and a zealous worker, he had small patience 
with the ill-prepared, the careless, or the idle, and ever sought 
to prevent unneccessary delaj-s in the trial of causes. But he 
was quick to detect real merit and to encourage the young 
lawyer who evinced industry, study and professional ambition. 
Like his predecessor, Judge Searle, he was well grounded in 
legal principles and ready and apt in correctly applying them 
to the facts in the case; and also, clear and concise in his 
charges and decisions. He was Judge in my student days, and 
I well remember how wonderful it seemed to me, that so soon 
as the arguments closed, he could, as he did, turn to the jury 
and with scarce a pause, referring to no book, and rarely ever 
to the papers in the case, tell them pointedly how r , if the facts 
were so and so, their verdict must be for the plaintiff; or if so 
and so. for the defendant. He never troubled them with legal 
theorems, or quotations, or disquisitions, and sent then i into 
their room "all at sea" to puzzle out the application of extracts 
from law book's to what facts seemed to them proven; he, as it 
were, translated general statements of legal propositions into 
the language of the facts in the case; and when the jury 
agreed as to the facts their difficulties were at an end. 

Both Searle and Stilwell, loved the old common law ami its 
system of pleading, and were reluctant to part with even iis 
objectionable technicalities. This was very natural. It had 
been the study of their youth ; the work of their lives had been 



Muskingum County Court House. •">« 

controlled an<l measured by it, and the change came when they 
had reached that age which sees most readily the possible perils 
of that which is new, and is almost blind to the imperfections 
of that which had long been familliar. 

Resuming practice in the fall of 1854, with his son-in-law, 
Captain John C. Hazlett as his partner, he engaged far more 
actively than did Judge Searle, and continued until his last 
sickness. He died February 2d, 1862. 

* On September HI, 1854, John E. Hanna, of Morgan county, 
was commissioned by Governor Medill, to till the vacancy until 
a successor could he elected. He sat as our Common Pleas 
Judge for three days, and attended as one of the District Court 
Judges, at September Term, 1854. In October, Charles C. 
Convers, was elected by the people, and on October 20th was 
commissioned, ami Judge Hanna's brief term came to an end. 

.John E. Hanna was born December 19, 1805, in Westmore- 
land county, Pennsylvania, in 1815, his lather came to Harrison 
county, ()., and there the son began to read law with Chauncey 
Dewey, in the spring of 1823, and was admitted to the Bar on 
September 27, 1825, at New Philadelphia. lie located at 
McConnelsville, in April, 182G. In 1840, February 18th, he 
was by the Legislature chosen President Judge of Common Plea 
lor the then eighth circuit, composed of the counties of Athens. 
Gallia, Lawrence, Meigs, Morgan, Washington and Scioto, and 
served seven years. On his retirement from the Bench, he re- 
sumed practice at the Bar and contimies it in good health, al- 
though seventy-two years of age. 

As he is still amongst us, known and liked by all, 1 shall 
leave to some future chronicler the summing up of his career. 
Long may he live, as cheerful and kindlyas he is now. 1 know 
no man who has passed the measure of three score and ten who 
walk's with so firm and springy a step as does he to-day. Few 
who are a«COre of years his junior can equal it. 

Charles C. Convers was horn in Zanesville on the 26th day of 
July. 1810; son ol the same Daniel Convers who in his youth 
had brought the first mail from .Marietta, and grandson of 
Benjamin Convers ami Josiah JMLunro, both members oi "The 
Ohio Company." He studied law in the office of his brother- 



38 Dedication of the 

in-law, Charles B. Groddard; came to the Bar in 1831 or 2; 
practiced for many, years in the firm of Groddard & Con vers ; 
represented the county in the State Senate in 1849 and 1850; 
was Speaker of the Senate during the session of 1850-1 ; was 
a candidate on the Whig ticket for Supreme Judge in 1851, but 
the Democrats carried the State; was elected Common Pleas 
Judge in October, 1854, and Judge of the Supreme Court in 
1855. He was sworn inLo office as Judge of the Supreme Court 
in February, 1856, but the disease that was to cause his death 
had already seized upon him, and there being no hope of his 
recovery he soon resigned. He died September 10, 1860. 

Judge Convers differed in many waj\s from his predecessors. 
Already in his school-boy days schools ami colleges had been 
established in our State; the University at Athens had already 
graduated Thomas Ewing and others. His father gave to his 
son freely all accessible educational advantages — supplement- 
ing school, college and office instruction by sending him to the 
Harvard Law School, then in its earlier and palmy days. 
There he heard the lectures of Story and Greenleaf, ami had 
for fellow-students such men as Benjamin Bobbins Curtis and 
Charles Sumner — since famous — the one upon the Bench and 
at the Bar of the Supreme Court of the United States, the 
other in the National Senate. An eager and diligent student, 
he became, I think I may safely say, more "learned in the 
law" than any other Ohio lawyer of his day. This devotion 
to study; this vast reading not unnaturally prevented him 
from grasping the controlling principles of the law as firmly 
as his predecessors had done. Accustomed to books — possessed 
of one of the most complete law libraries then in the State — 
he, as it were, by an insensible process of growth, came to rely 
upon books and precedents rather than on reasoning from 
legal principles. His mind readily perceived distinctions, and 
his retentive memory kept ever present the variations and 
exceptions to which every rule is subject. His great* conscien- 
tiousness made it seem a duty to accompany every annuncia- 
tion of a legal proposition from the Bench, in an opinion or a 
charge, with a statement of the modifications, variations and 
exceptions to which it might be subject. This habit, while s<> 
creditable in motive : while it gave signal proof of his legal 



Muskingum County Court House. 39 

erudition, and conveyed much information profitable to the 
attentive student or lawyer, occasionally embarrassed juries, 

win) naturally could not remember enough of such detailed 
instructions to properly apply them. This character of mind 
caused him to prefer the hearing and determination of equity 
cases to sitting as a nisi prius judge with a jury. 

I had the profit and pleasure of studying law in his office, 
and ever have ami ever will remember him with honor and 
affection. A cultured gentleman, refined and courteous, he 
sought to foster in his students a love for the law as a science 
and an ambition t<> elevate the esprit du corps of the Bar. Of 
slight frame physically, his constitution, temperament and 
habit gave him as an advocate the manner of the scholar rather 
than that of the orator, but his earnestness, his argumentative 
power, hacked by his thorough acquaintance with the law and 
facts of his case, made him very influential with court and 
jury. 

His reputation as a lawyer of great learning and ability 
gave him a practice more extensive, considering the territory 
covered, than that enjoyed by any other resident member of 
the Muskingum Bar. His retainers in cases tor argument in 
the Supreme Court came from counties in all parts of South- 
Eastern Ohio, and his name appears in our Ohio reports during 
the last half of his practice oftener, perhaps, than that of any 
other -Muskingum County lawyer. 

The vacancy caused by his resignation as Common Tlcas 
Judge was tilled, as already stated, by Judge Searlc, who held 
under appointment of the Governor until the election and 
qualification of Judge Marsh, in October, 1S56. 

As for the remaining Judges, Marsh, Evans, Granger, Wood 
and Frazier, they yet live and may be seen and known of you 
all. Some future historian of your county and its courts may 
tell another generation of their work'. 

Thus much as to the lawyer-judges of our Common Pleas. 
For half a century — 1802-1852 — beside the lawyer or Presi- 
dent Judge sat three Associate Judges. Time has not permit- 
ted me to search for even meagre details of their lives, nor 
would it now allow me to occupy your ears with their recital 
had 1 found them, Premising that they, as already said, were 



40 Dedication of the 

chosen by the State Legislature from the electors resident of 
the county, and served terms of seven years each unless sooner 
removed by death, resignation or "for cause," I read a list of 
their names in order of services. 

As no minutes or journal of 1804 is in existence, I cannot 
tell you who sat with Judge Levin Betts. Mr. B. H. Church. 
an old resident, well known to you, tells me that David Har- 
vey sat at April Term, 1804, but he cannot recall the names of 
the other two. In 1805, the journal shows that Jesse Fulton, 
Richard McBride and William Mitchell sat with Judge Pease. 
After the first appointments, such provision was made by law 
that the terms of the Associates expired in different years, so 
that but one would go off the bench at a time. Thus Richard 
McBride was succeeded by David Findley, and then they came 
thus: Ebenezer Buckingham, Stephen C. Smith, Daniel Stil- 
wcll, Bobert Mitchell, Robert McConnell, David Young, Thos. 
Ijams, Edwin Putnam, Mathew McElhinney, William Block- 
som, James Jeffries, William Cooper, Jacob P. Springer. 
Horatio J. Cox, Wilkin Beed. 

As already stated, these Associate Judges formed a necessary 
part of the court at all times, and alone, as a general thing, 
transacted all business pertaining to an Orphans' or Probate 
Court. Yet each of them had a right to vote upon every deci- 
sion ; and for a whole year, in 1847, while Judge Stilwell was 
sick, the Associates— Springer, Cox and Beed — held the court. 
Judge Springer presiding. And between 1847 and 1852 there 
was much litigation between Jacob Baker and Michael D. Git- 
tings, and as Judges Searle and Stillwell had been of counsel 
neither could sit as Judge ; so the same Associates alone heard 
and determined such of said causes as were passed upon prior 
to February, 1852. 

At the last term held under the old Constitution — in Jan- 
uary, 1852 — a month before their court was to expire, a ques- 
tion arose that for the first time, I believe, resulted in the 
overruling of the opinion of the President Judge by his Asso- 
ciates. Numerous indictments under the liquor law of 1851 
had been presented by the Grand Jury. The Prosecuting 
Attorney, now and lor many years past a distinguished lawyer, 



Muskingum County Court [1<>*i < 41 

had omitted a certain averment. Judge Searle, in deciding a 
motion to quash one of these indictments, following what had 
become a custom when such questions came up, announced an 
opinion sustaining the motion, as the judgment of the court 
without first consulting the Associates. This occurred in the 
forenoon. The question involved had been much discussed, 
not only in court but among the people, and temperance men 
were anxious that the prosecutions should be sustained. Judge 
Cox, on the opening of court in the afternoon, announced an 
opinion against the motion to quash; Judge Reed declared 
that he concurred with Judge Cox, whereupon Judge Searle 
said: "The Court being divided the motion is over-ruled." 
Hearing this Judge Springer added : 1 agree with the Asso- 
ciate Judges." Judge Searle quietly entered the decision on 
the docket, and soon after declared the Court adjourned sine die, 
and the old Court with the old Constitution was dead. TJie 
question involved survived, and Judge Stilwell at the next 
term decided it in the same way as the Associates had done ; 
but the Supreme Court agreed with Judge Searle, by a vole <>l 
three Judges to one. 

The list of Associate Judges contains the names of many men 
well known for their experience, good sense, good judgment, 
and integrity. No one of them was ever " removed for cause," 
so far as 1 have learned. No charge of misconduct was ever 
even preferred against any of them. For half a century they 
administered the laws regulating the administration of estates, 
partition of lands, &c, sensibly and justly. 

These duties ami others, some of a kindred nature, and oth- 
ers touching upon Common Pleas jurisdiction, have since Feb- 
ruary, 1852, been discharged by the 

PEOBATK COUET. 

In this Court the following named .Judges have held office in 
tins county: Mahlon Sims, 1852—1858; William T. .Mason. 
1858—1864; R. W. P. Muse, 1S04— 1870; Henry L. Koite, 
1870—1873; Reuben H. Morgan, 1873— 1875; Henry L. Korte, 
1875. Of these Judges. Sims alone is dead. When elected he 
was a farmer in Hopewell township, lb- was re-elected, served 
out his term ; was chosen a J ust ice of I lie Peace in Springfield 



42 Dedication of the 

township, and died about September, 1862. Judge Mason, a 
farmer of Meigs township, served also two terms. Judges Muse. 
Korte and Morgan were lawyers. 

Under the old Constitution, every year a term of the Su- 
preme Court was held in Zanesville. and in turn all the Judges 
of that Court sat in "old 1800." 

So also, since 1852, the sessions of our District Court have 
brought here in turn every Supreme Judge, save Judge Day, I 
believe, and the Common Pleas Judges of the second and third 
sub-divisions of the eighth Judicial District. None of these 
ean properly be said to have belonged to our county courts : 
their number forbids any attempt to even name them in the 
time allowed me here. 

I therefore, turn to " the Bar.'" 1 think Wyllis Silliman avus 
the first lawyer who '-settled" in Muskingum county. Mr. 
Church says that he was present at April term, 1804. With 
or very soon after him, came Lewis Cass, his brother-in- 
law, and in 1805, Silliman, Cass, and Herrick, were the only 
resident lawyers. Philemon Beecher, William W. Irwin and 
Elijah B. Mervin, of Lancaster, and Mathew Backus, of Mari- 
etta, attended that term. It was held in the "hewed log dwelling- 
house, built by James Herron, enelosed but not fmished." The 
same house heretofore referred to, located south of Main and 
on the west side of Sixth street. In 1809, Samuel W. Culbert- 
son, became a resident lawyer in Zanesville. 

Lewis Cass was prosecuting attorney, and held that offiee 
until, in the fall of 1812, he was appointed a colonel in the 
army. Herrick who, sinee 1810, though living in Zanesville. 
had been prosecuting attorney for Cuernsey county, and Uni- 
ted States District Attorney for Ohio, became also prosecuting 
attorney for this county. The foregoing items I take from 
General Herrick's autobiography, — our common pleas appear- 
ance dockets prior to 1813, not existing. The docket of 1813, 
April Term, shows Silliman in eighteen eases, Culbertson in 
eighteen cases, and Herrick in fourteen eases: so that the three 
divided the luisiness pretty nearly "share and share alike," 
Herriek, notwithstanding his State cases and three offices, 
having the least number. 



Muskingum County Court Souse. 43 

At August Term, 1S13, two new names appear, Alexander 
Harper and Bbenezer Granger. As Granger had seven cases at 
that term he must have resided here a year or two prior to it. 
in 1817, John C. Stockton and Appleton Downer, have causes 
for the February term, and at February term. 1818, I first find 
the names of Charles B. Goddard and Thomas Ewing. Ewing 
being of the then Lancaster firm of Beecher and Ewing. April 
Term, 1819, shows the names of Arius Nye, John Doland, and 
Charles \l. Sherman; and July Term, 1810. Richard Stilwell. 
Nye removed to Marietta, was afterward President Judge in 
Washington Circuit, and was noted for his eccentricities. Do 
land, about 1825, moved to Somerset. Sherman from 1823 to 
to 1827, was one of our Supreme Judges. He resided at Lan- 
caster. General Sherman and Senator Sherman are two of his 
sons. October Term, 1819, shows the names of Smith, Vinton, 
and Emerson. Vinton lived in Gallipolis, served many years 
in Congress, and was Wing candidate for Governor in 1851. 
1820 presents the names of Adams and Stanbery. William A. 
Adams is still living in Covington. Kentucky. He lived in 
Zanesville until after 1843. The Stanbery. 1 suppose, was 
William — long a resident of Newark, an elder brother of the 
half blood of Henry Stanbery. In 1821, I find C. C. Gilbert, 
Peter Odlin, and J. B. Orton. Gilbert married a daughter of 
Wyllis Silliman. He died November 18, 1844. His sons Gen- 
erals C. C. Gilbert and Samuel A. Gilbert, are well known to you. 
Odlin went to Dayton, and became a politician of note in .Mont 
gomery county, afterward prominent in the Legislature. 

In 1822, and thence for half a dozen years, David Spangler 
practiced in Muskingum. He settled in Coshocton, and for 
many years led the Bar there. 

I began this list hopingto extend it to the present time, show 
ing the successive accessions to our Bar, but 1 found that time 
would neither permit me to collect, nor impart the information 
required for such a purpose. 

I therefore, substitute brief mention of some of our more no 
ted lawyers. 

Our Bar began well. Wyllis Silliman, Lewis Cass and Sam 
uel Herrick were the first three. Of General Cass I have 
already spoken 



44 fiediccttidfl oj tfa 

Wylliri Silliman w 'as !>oi'n in Stratford, Connecticut, Octofoet 
8, 1777. In early manhood be emigrated to Western Virginia, 
and, during the heated struggle for the Presidency between 
Adams and Jefferson, in 1800, he there edited a strong Federal 
newspaper. Judge Burnet (one of Ohio's early Supreme 
Judges) wrote of him as follows: "By a very great exertion of 
'•energy and talent he had been able tor some time to sustain 
"himself in the midst of a highly Democratic population, but, 
••as the catastrophe of that struggle approached, party violence 
••became too strong for resistence, or endurance, and he found it 
"prudent to make a hasty retreat to Marietta. I shall never 
"forget the pleasure with which I took him by the hand as a 
"persecuted patriot, at our first meeting in Marietta. 31r. Silli- 
"man's talents secured to him at once a full share of the prac- 
tice of that county, where alter a short residence he formed a 
"matrimonial alliance with Miss Deborah Webster Cass, daugh- 
ter of the veteran Major Cass, who was literally a hero of two 
"wars." 

This marriage was at Wakatomika, near Dresden, on Janu 
ary 14,1802. In 1803, the first Ohio Legislature chose Wyllis 
Silliman, Francis Dunlevy and Calvin Pease President Judges 
of the three Common Pleas Circuits, but Mr. Silliman either 
did not accept or very soon resigned the appointment, as our 
records show Judge Levin Betts on our Bench in the spring of 
1804. 

In 1805, Judge Silliman was appointed Eegister of the Zanes- 
ville Land Office, and held that office as late as 1811. He 
moved, in 1807, to the premises fronting the northern bend of 
the National road as it leaves Main street at Ninth street — so 
well known in recent years as the home of Dr. A. H. Brown. 
The old house — not the remodeled one of to-day — was for 
many years the noted dwelling of Zanesville, as the Silliman 
Homestead. There, in 1817, President Monroe, accompanied 
by General Jacob Brown (then Commander-in-Chief of the 
armies of the United States), General McComb, the victor at 
Plattsburg on Lake Champlain, and General Lewis Cass, break- 
lasted while on a tour through the Ihcn West. 

In October, 1825, Judge Silliman was chosen to represent 



Miiskingwn County Oouti ttouse. IS 

our county in the State Senate, and sal for two years. During 
bis term as State Senator be came hear being elected to the 
United States Senate, Senator Ruggles succeeding in securing 
a re-election by a close vote after :t beated contest. During 
President Jackson's second term be appointed Judge Silliman 
Solicitor of the Treasury. In 1836, he removed to Cleveland, 
thence t<> Wboster, and then i<> Cincinnati. But be returned to 
Zanesville, and died there at the residence of his son-in-law, 
Charles ('. Gilbert, on the 1 .'it li day of November, 1842. 

Judge John If. Keith, long resident at Chillicothe, but a 
practicing lawyer at Zanesville for some eight or ten years. 
sketched Mi'. Silliman as a lawyer and advocate as follows: 

'•In my judgment, be was the greatest natural orator that 1 
"have ever had the good fortune to bear. * ;;: ;;: 

•-.Mi-. Silliman's early education was defective. He was a 
"desultory reader of everything that came in his way. His 
"legal attainments were not of a very high order. Indeed, he 
••was of no use in a cause until it came to he argued. I never 
•heard him examine a witness, or knew him to draw a plead 
"ing: all these were left to the junior counsel in the cause. He 
••reserved himself to the highest — the advocacy branch of the 
••profession, lie was careless and Illogical; entirely indifferent 
"to his appearance, lie looked as if his clothes had been 
"pitched on him. He had not a particle of self-esteem or 
"vanity, and was as sportive and playful as a hoy. In all 
•criminal cases, in breach of promise and seduction cases, he 
••was uniformly retained, and no case seemed perfect without 
••him. 1 heard him speak in every variety of case, and after 1 
••was called to the Bar I was sometimes associated with him in 
'•causes as junior counsel. His voice, his manner and style of 
"speaking, are just as familiar to me as if 1 now heard and saw 
••him. But it was in great criminal cases, where life and liberty 
••were Involved, that he especially put forth his giant powers." 

Mr. Silliman was stout and well formed, above middle height. 

Two of his sons came to the Bar — George Wyllis, who died at 

ea while returning from Europe, and Charles Oscar, who 

after some years practice in Missouri, emigrated to California, 

where he now resides at VVatsonville. Santa Cruz County. His 



4(1 Dedication of the 

grandsons, generals C. C. and S. A Gilbert, I have hereinbefore 

named. 

The other of our original legal triumvirate was Samuel Her- 
rick. He was horn in Amenia, Dutchess county, New York, 
April 14, 1779; read law under Judge Thomas Duncan, at Car- 
lisle, Pa., and came to the Bar June 4, 1805. He appeared at 
August Term, 1805. of Muskingum common pleas; was ap- 
pointed prosecuting attorney of Guernsey county in 1810; 
also, in the same year, United States district attorney tor Ohio: 
in 1812, succeeded (-ass as prosecuting attorney of this county. 
and retaining all these offices, in 1814 became prosecuting 
attorney of Licking county. In May, 1814 — during the war — 
he was made brigadier general of the Fourth Brigade, Third 
Division, Ohio Militia; represented our district in Congress 
from March, 1817, to March, 1821. In 1829, President Jackson 
again appointed him United States district attorney for Ohio, 
but on June 20, 1830, he resigned that office and retired from 
practice. He lived at "Hill-Top," his farm about two miles 
south-east of Zanesville until his death, about the first day of 
March, 1852. General Herrick was a successful lawyer, and 
this list of the offices held by him shows that he must have 
been a man of energy and ability, or he could not have com- 
manded the approval of the Judges who appointed him to be 
prosecuting attorney, of the Presidents who nominated him to 
the district attorneyship, and of the people who elected him 
to represent them in congress. For twenty 3'ears he was 
active and prominent in our community. 

I believe no son of his survived him. Two of his grandsons. 
Edward H. and Charles Allen, served as officers of volunteers 
in the war with the Rebellion, and Edward entered our pro- 
fession and now lives at Kansas City. Missouri. 

As already stated, Samuel W. Culbertson, in 1809, increased 
the Bar of Muskingum to four. He was born in Pennsylvania, 
came to Zanesville shortly after his admission to the Par. and 
continued in active practice from 1809 to the time of his 
death, in June, 1840. For years lie owned and resided on 
North Fifth street, on the premises now occupied by Mr. 
Daniel Applegate, and used as his office the small brick build- 



Muskingum Count)/ Court House. 47 

ing that yel stands atthecorner of the alley next north of the 
post office. His death was sudden — the result of apoplexy, 
and left him sitting in his office chair. 

So far as I can learn, Mr. Culbertson never held any public 
office. His practice was large and extended over the greater 
part of south-eastern Ohio. In person he was tall, neither 
thin nor fat, and in mind quick, alert and keen. He well un- 
derstood human nature, and was remarkably successful in the 
examination of witnesses and in influencing juries. Hisspeech 
was affected by a lis]», but such was his manner that the appa- 
rent detect was often a help to him. In all the county towns 
from New Philadelbhia south ami southeastwardly to the Ohio 
the older lawyers still delight to talk with Zanesvillemen about 
Sam. Culbertson,"' and to repeat anecdotes touching his cases. 
Perhaps I can take time to tell one that will illustrate his 
readiness. A client of Culbertson had sued a client of General 
Goddard for rendering impure the water of a well by changing 
a drain. Witnesses differed as to the effect of the drain upon 
the water in the well, and General Goddard exhibited to the 
jury some of the water in a u'las^ and descanted upon its clear- 
ness and purity, and seemed about to carry the jury with him. 
Culbertson, in reply, boldly picked up the glass, reminded the 
jury of the Generals argument, and then placing the glass upon 
the table, took a dollar from his pocket and clapping it down 
by the side of the glass, cried out, "Gentlemen of the thury. 
I'll give General Goddard that dollar if he'll drink that glass 
of water." He knew that his opponent was too dignified to 
accept such a banter, and he won a verdict. Mr. Culbertson's 
second son, Alexander S. B. Culbertson, came to the Bar and 
practiced in this county at first with his father and afterwards 
alone, and died here. One of his daughters married Joshua 
Mathiot, who was a member of the Muskingum Bar for eight 
or tt'n years subsequent to 1S24. and then removed to Newark, 
and until his death, in 1849, was a leader in the Licking Bar 
and for a time a congressman. 

Ahout the beginning of the war with England ( 1812), Ebene- 
zer Granger, an elder brother of my father, came to Zanesville. 
He was born in Sullicld, Connecticut, on July 6, 1781 : studied 



18 

law ai Washington City, under Gideon Granger, the then Post 
master General, On July 31, IS15, ho marriod Eliza Seaman, 
or of the halt-blood to Konry Stanberry. Aiter an active 
practice ol about ten yoars, ho died September 17. 1822. \- 
his death occurred years before 1 was born. 1 ran. only spea - 
him from hearsay Old awyorswhom I havomot in the course 
tice in south eastern Ohio, led to speak of him 
!<> mo because my surname was the same as his. have often , 
mo that ho was a studious, well road, able lawyer, sure, if his 
life had boor, prolonged, to take a high place in the profession, 
ami thai ho was a mi >nor ami iutogrity. Towards iho 

Entire's : M Granger was his attorney,and 
to him v , iho epitaph oi that 

founder and bent ity. h may interest you to 

hoar 1 was ins ribod upon the plain stone that first 

marked id is repeated upon the monument that a 

I for tho old and worn out slah. 

to the r who departed this 

■■ li\ 1S1 n six years. Ho was bom at A 

• a: sville, in 1S00, of 

i and Father, He was a member of 

■• tho convention \vh cd tho Constitution oi Ohio. A 

kind husba neighbor; punctual in his i 

and benevolent d - sd< ath 
■ \\ as sii cerelj lai u nt< 

; As o'er this st \ 
v. per-ehan s sad,s 

- j 
N - loath must tra< 

W » stream shi - low, 

- o lonsjer lash the - 

- - - ... w. 

- - irrounding hills - 
dus - 

- - und, 
ature's grand ass 
When sun and stars 

lor, and Lewis Cass, ^ 
Sens Secretary of \? ir, in Presidei - n's 



Muskingum County Court "Souse. !■' 

time becau i ol th< d for the friend and associate of 

their first year at tho Bar, of their own motion named Roberl 
S. Granger, Bbonezer Grangcr'i only child, to .•> cadetship a< 
Wesl Point. lie there graduated in 1838, in the sam< clast 
with Irvin McDowell and William J. Hardee, and as I i 
already stated rose to the rank ol' Major { >> noral by brevet, ;H 
the close of the war with the rebellion. 

From 1817 i<> 1864, — forty seven years, Charle Backus 
Goddard was a member of our Bar. Il<- wa born al Plainfield, 
Connecticut. His father Calvin Goddard, live I i Ik- greater pari 
of hi.-, lite ai Norwich, Connecticut, and was a judge of the Sa 
preme Court of that State Charle B. Goddard came to Ohio 
in 1817. II'' traveled from Pittsburgh i<> Marietta, in a -mall 
open row-boat; stayed a few week* in Marietta, and then by 
the advice of Mi-. David Putnam, selected Zanesvillc ae his 
homo. II' ■.'•Hi to Gallipolis in company with Thomas Ewing, 
ami was there admitted to the Ohio 1 iar. Settling in Zan 
villo, In- married Harriet Munro Convers, daughter of the 
Daniel Convers heretofore mentioned, on June 6tb, 1820. ll< 
oori acquired a large practice in the Muskingum valley, ami 
continued in active professional labor to near the day of his 
death, which was the first day of February, 1864. In 1838 9 
he represented Muskingum in tin; House of Representatives of 
Ohio, and from December, L845, until the pring of 1849, in the 
Ohio .Scnai''. of which last named bodyho was Speaker, during 
the session of 18-17-8. He was a Major General of Ohio mili- 
tia lor a number of years. 1 believe he held no other public 
office. Ho was well read, both in general literature and in law: 
indefatigable in work; earnest, dignified ami forcible as an ad- 
vocate; he relied more on reasoning from principle, than pra 
'hni-. A competitor of Ewing, Hunter, Stanbery, and others of 
like repute, he was •• a foeman worthy of their steel." He 
I"' ■ ssed a high aense of honor and ever soughl to elevate th< 
ethical standard ami esprit <l" corps oi the profession. He 
g( uerous ami hospitable. Ht oul lived all of hi- early ae o 
<iai<-.^ and rivals in th<- Muskingum Bar: was iii continuous 
practice much longer than any other; for many years he stood 
at our head, a Leader worthy of the regard and respect of our 
whole community. An accural portrait of him hangs in tin- 



50 Dedication of the 

library of the Zanesville Afheneum, and makes unnecessary 
any description by mo of his personal appearance. 

I will outline the life of but one more of our honored dead. 
John Caldwell Hazlett, son of Robert and Lucy Hazlett, was 
born in Newark, O., September 24, 1831. His parents moved to 
this place in his childhood. lie and I were schoolmates in Zanes- 
ville, and for a year, in 1847-8. eol lege mates at Kenyon, Gam- 
bier, Ohio. He afterward went to the Kentucky Military In- 
stitute, at Blue Lick Springs, and there graduated with honor, 
iu 1851. He at onee began the study of law under Judge Stil- 
wcll, and came to the Bar in December, 1853. He, for short 
periods, practiced first as my partner and then with Judge 
Scarle, but having married Ellen, second daughter of Judge 
Stilwell, on December 19th. 1854, the judge retired from the 
Bench and resumed practice with his son-in-law. In October, 
1855, Mr. Hazlett was elected prosecuting attorney for this 
county, and was re-elected in 1857, and in 1859. During the 
night of Sunday, April 14-15, 1861, President Lincoln's call 
for seventy-five thousand three months volunteers was tele- 
graphed over the country, and ere Monday's sun went down 
Captain John 0. Hazlett's company was almost, if not quite, 
full. He reported with it at Columbus, and by the Thursday 
following, as already stated, was passing by rail through Penn- 
sylvania, en route for Washington, with his company and reg- 
iment. He was present at General Schenk's "reconnoissance by 
rail" at Vienna, and afterwards fought in McDowell's battle of 
Bull Bun. Beturning home in August, at the muster-out of 
his three-months men, he at once recruited a company for 
•■ three years or the war," and with it entered the second 
Ohio volunteer infantry. With this regiment he served 
in Kentucky, Tennessee and northern Alabama, taking 
part in the battles of Perryville and Stone River, At the last 
named tight he received the wound that caused his death ; he 
died June 7, 1803. Captain Hazlett was of slight frame, about 
five feet nine inches in height; of a quick, nervous temperament; 
possessed of an active and strong mind ; well read, both in 
general literature and in law; he was ambitious of distinction, 
and evinced a capacity, and an aptitude for the law, that, 
backed by energy, perseverance and attention to business, 



Muskinguth County Court House. 51 

could not have failed, if bis life had been prolonged, to win 
for him .a brilliant reputation and an assured position in the 

front ranks of the profession. As a prosecutor his success was 
marked— although lie conducted, either alone, or assisted only 
by some newly admitted tyro, even during his first term, a 
number of complicated and difficult causes againsl counsel of 
distinction, great ability, and much experience. It is sad to 
miss this comrade as we open this temple of justice. Would 
that he were here withall the powers of his youth strengthened 
by time and use! a competitor to excite us onward in all the 
nobler contests at this Bar; a comrade whose wit and intelli- 
gence would add zest to our assemblies; a friend on whose 
generous help we could rely at need. 

Others of our dead are worthy of remembrance here — but 
time forbids the attempt to speak of all. I must content my- 
self with such mention as 1 have already made and invoke 
among my brethren of the Bar and the people here, who knew 
them, kind recollections of the man}* others of Muskingum's 
deserving lawyers who no longer live. 

Let me speak briefly of some who have gone out from us, 
and. by their achievements in the forum, on the Bench, 
or in public lite, have made us glad to count them as once 
members of our Bar. 

Henry Stanbery, attorney general of Ohio from 1840 to 1852: 
attorney general of the United States 1866-8, named by Pres 
dent Johnson for a seat upon the Bench of the national Su 
preme Court: a lawyer of national reputation, standing in 
the first rank; was horn here, studied law here; was admitted 
in 1825, and tried some of his first causes in "old 1809." 

.Noah H. Swayne, a national Supreme Judge, since 18(j2, re- 
sided at Coshocton and practiced regularly in this county for 
several years, beginning in 1825. 

Eugh .1. Jewett, our county's Senator in 1853-5: defeated as 
a Democratic candidate for congress, in a Republican district. 
by only thirty-seven votes in 1860; nominated for Governor oi 
Ohio by the Democrats in 1861, he substituted for a platform 
disapproved by the •• War Democracy," a letter of acceptance 
lull of out spoken, patriotic devotion to the Union. A Con- 



52 Dedication oj tfa 

gressman from the Columbus district in 1873-4; long a promi- 
nent railroad president, and now, and for some years past, the 
trusted president of the New York and Erie Railway ; lived 
here for many years, and was in active practice from aboul 
1848 to 1857. 

Samuel Sullivan Cox, whose long service in congress, (from 
1857 to 18G5, as representative from the capital district, Ohio. 
and since 1871, from New York city,) and his prominent posi- 
tion as a leader in the Democratic party, have given him a 
national reputation, was born in Zanesville, in October, 1824. 
His father, Ezekiel T. Cox, was for many 3-ears clerk of our 
county courts, and the son assisted his father in the discharge of 
the office duties. He graduated at Brown University. Provi- 
dence, Rhode Island, in 1846; was admitted to the Bar about 
1848, and practiced at Zanesville until 1853. 

Washington Van Hamm, who began practice here in 1833, 
and was a Common Pleas Judge, at Cincinnati, from 1857 to 
18<i2, was born and grew to manhood here. 

William Wartenbee Johnson, who was Common Pleas Judge 
in the Lawrence district, from 1858 to 1807, and is now a Judge 
in the Supreme Court Commission of Ohio, was born in Mus- 
kingum county, educated at Muskingum College, and studied 
law in the office of Judge Convers, at the same time with myself. 
He was admitted to the Bar while still a resident of our county. 

Our Bar has grown old enough to permit fathers to see their 
sons .practicing by their sides. Let me read you a list of the 
names of sons of Muskingum lawyers, who have also been 
members of this Bar : 

George Wyllis Silliman ; A. S. B. Culbertson ; Charles A 
Harper; James R. Harper; Daniel Convers Groddard; Charles 
C. Groddard; George Abbot James ; W. C. Bloeksom; Charles 
H. Blair ; Orlando C. Marsh. 

And now time compels me to hasten to the end of these re- 
marks. 

Such an examination as I have made amongst, these records 
of the work of your predecessors, both saddens and encourages 
One after another — sometimes several together — they came 
upon the stage of professional life, each lull of hope and expec- 
tation as to the future. The silent records picture to us 



Muskingum County Court Mouse. 53 

the parts they played. Some lew succeeded, realizing perhaps 

as nearly as mortals may, the hopes of their youth. More at- 
tained positions mediocre, yet respectable 5 some merely failed; 
some few were worse than failures, showing themselves not 
mere incapable or unsuccessful lawyers but bad men. I will name 
no one of these, [f any yet live their offending is known and 
remembered by themselves and by some others. It is enough 
for this occasion to say that the Bar of Muskingum during the 
first seventy -two years of its life has not escaped the lot of all 
associations of men : that it has had unworthy members. 

But is this allotment — to one success, to others failure, the re- 
sult of chance? Not so! Cause and effect are plainly tracea- 
ble. It seems to me that if the yonng beginner but ask him- 
self at the outset, " What should a client desire in his lawyer?" 
the easily discovered answer to the question must indicate not 
only the means, but also the probability of success, if the ques- 
tioner knows himself. Ability, (not necessarily first-class — 
average ability will do well,) legal knowledge, (knowledge of 
principles, of the frame work of the law) ; judgment, (that 
most reliable of all called " common sense,") caution, alias 
prudence; application (this includes perseverance, diligence, 
persistance); and last of all, best of all, under all, around all, 
above all, permeating all, integrity. These qualities, charac 
teristics, habits, combined, will ensure success. Their entire 
absence will ensure failure. Between these extremes more or 
less of success or failure will be the lot of one and another as 
he approaches or recedes from this so seldom understood, yet 
so easy -to-be-understood, standard. 

And now but a word or two more. Entering this new and 
beautiful temple of justice, we have thus recalled the lives of 
our predecessors; let us profit by these recollections ; letus in 
our future ever try to so demean ourselves as lawyers and as 
men, as to improve upon our own past, and to equal, if possi- 
ble to excel, our predecessors in all that is right. 



[See Appendix for lists of county officers, <(V.] 



At the close of Judge (J ranger's address, a recess was taken 
until half-past seven o'clock in the evening. 



54 Dedication of the 

DE-srerft.iaa.g" — - Ha,lf-p.ast Seve^i O'clock;. 



The ceremonies were continued in the Court Room, which 
was crowded to its utmost capacity. 

The meeting was opened with music by the orchestra. The 
chairman, Mr. Fillmore, then presented Hon. Lucius P. Marsh . 
who delivered an address, as follows : 



The Efficiency of Courts and how Promoted. 



Till all men have attained a perfect standard of morals, crimes 
will be committed and men will perpretrate frauds: while ig- 
norance prevails, and as long as men make mistakes, contro- 
versies will exist and these will become lawsuits. 

Hence arises the necessity for courts; either these, or men 
will redress thir own wrongs ; then the learned and powerful, 
having such advantage over the ignorant and feeble, there 
would come on a struggle to make society unendurable and life 
a continual war. 

it is a mistaken notion that courts arc organized to punish 
crimes and redress wrongs; it is a mistake to suppose, if the 
guilty are always convicted and the innocent always acquitted, 
if the judgments of courts are always right, always in favor 
of the right party, that courts have fully accomplished the 
purpose of their organization. 

Courts are organized to protect community, it is the safety 
of community that is to be accomplished, the punishment of 
criminals is but a means to an end. 

He who tracks, pursues, captures and slays every wolf that 
devours one of the flock is only a hunter; he is a shepherd who 
protects the flock, and he is a successful shepherd who inspires 
the wolves with such wholesome dread that never a sheep is 
disturbed. 

He is a good business man who does business so well, that, it 
a lawsuit comes on, he may always succeed, but he is a better 



Muskingum County Court House. 55 

business man who docs it so well, with such certainty, that no 
lawsuit ever comes. It avails hut little to imprison a thief; un- 
less that punishment deters others, there is one less in commu- 
nity, that is all. The criminal is punished alter the crime is 
committed, the community is protected when the crime is pre- 
vented. Then, to prevent crime, to prevent fraudulent prac- 
tices, is to protect community, and to enable courts to do this, 
is to promote their efficiency. 

Were it possible to inspire a universal belief that all who 
commitcrimes will surely sutler the penalties of the law, that no 
guilty man could possibly escape, there would be no crimes, or 
only such as might be prompted by," a sudden impulse, or pas 
sion, that overcame the dread of the punishment sure to follow. 
Could all men be made to believe that courts were infallible, 
that fraudulent claims were always defeated, no suits would be 
prosecuted, or defended, for unjust or fraudulent purposes. 

As it is, however, criminals count largely upon their chances 
of acquittal, and men with unjust and fraudulent claims specu- 
late upon their chances of success. 

When a court defeats the fraudulent purpose of a party, one 
man is benefited; when all men believe that all fraud is de- 
feated in the courts, all men are benefited, the community is 
protected, because, no man entertaining such belief, ever goes 
into court with his designs. Such a universal belief would ef- 
fectually put a stop to all fraudulent practices: it is the fruit 
of the fraud that is sought after, and being no fruit, the fraud 
is not attempted. 

Whether Doe defeats Uoe, or Eoe defeats Doe in a lawsuit, 
is important only to Doe and Eoe, but whether the belief pre- 
vails that the right man has succeeded, is important to the 
whole community. A man is convicted or acquitted: as a rule, 
the extent of the belief that the judgment was right, is meas- 
ured by the extent of the belief that he has had a lair trial, 
that he has been abridged of no time, that he has had ample 
opportunity, but this is not always so. 

It is curtly said, "Nothing succeeds like success;" yet courts 
may succeed in ascertaining the exaet truth in every contro- 
versy coming before them and not he a success: they are a 



56 Dedication of the 

success only, when the people believe that fact. The shepherd, 
who has unerring skill with his rifle, avIio never fails, is a suc- 
cess as a shepherd, when the wolves find that out. As long as 
they believe that he misses as often as he hits, that occasionally 
he slays a sheep, supposing it is a wolf, if they believe he is 
near sighted, that he hunts the flock over for wolves and can 
hardly tell which is which, the hungry wolves will stay about. 

The causes at work to produce distrust of courts must be 
borne in mind ; to remove or counteract these is to promote 
their efficiency. 

It must be remembered that there are two parties to every 
controversy coming here to be settled; one comes voluntarily 
and drags in the other against his will. It doesn't follow that 
the first to enter that door, is he who comes for protection or to 
secure what justly belongs to him. The old cry of "stop thief" 
isn't heard only in the streets, it comes here ; in rushes a crowd, 
parties and partisans: these halls ring with the cry; and it isn't 
always easy to tell which is the thief. 

We don't always have here cases where we can direct an in- 
fant to be cut in two and given half to each claimant; we don't 
have twelve Solomons sitting there, nor one sitting there ; the 
party in the right and the party in the wrong, don't as readily 
betray themselves as did the claimant and the real mother be- 
fore King Solomon. 

In all the ages since his day, men have not onl} T been educa- 
ted in the arts and sciences, but they have learned much in 
"ways that are dark and tricks that are vain," and they haven't 
neglected a little learning in the way of means of avoiding the 
law, by preventing its judgments. To avoid detection has 
been made a study; to make sure escape has been made a study; 
much has been learned, but railroads and telegraphs have 
kept pace with them. While we have these reaching out to 
capture, here we have no patented process to overcome what 
has been learned in the ways and means of defeating the law. 

Arts and sciences have new, valuable, patented processes ; 
medicines are patented, and I am told there is a religion where 
it is allowable to write out prayers, attach them to a wheel, set 
the wheel to whirling and the work is done. Here we have no 



Muskingum County Court House. 57 

such means or processes; here we are left to decide cases the 
old way, and oot from whal the newspapers say, no1 from whal 

is said on the street, nut from what is in every body's mouth, 
but from what is said under oath from that witness stand ; this 
is what the judgments oi courts must reflect. 

But it is the belief in the certainty of conviction, the belief 
that the punishment surely follows the conviction that makes 
crime hesitate. It is the prevention of crime that protects 
community; it is the belief in the mind that conviction. and 
punishment are sure to follow that stays the crime, ami hence, 
in the ratio of faith in the courts is community protected. 
Whatever educates the public mind in this direction promotes 
the efficiency of courts, and whatever promotes distrust of the 
courts, whatever tends to lessen the public confidence in them, 
lessens the protection which they are intended to secure. Lack- 
ing faith in the courts, believing they area failure, fraud ma 
its effect; believing that the laws will not be enforced, crime 
stalks abroad till w r e are remitted to vigilance committees ami 
mob law, and, 

" Our decrees, 
Dead to infliction to themselves are dead, 
And liberty plucks justice by the nose." 

A (act in this connection which must exist, and which will 
always exist, and which is educating community into distrust. 
may not be lost sight of. 

Briefly stated it is this: Substantially, half the people who 
go out that cloor,goout complaining, making efforts to convince 
the people that court.-, or this court, is a failure. The court has 
decided a case correctly, convicted a criminal, defeated a fraud, 
redressed a wrong or corrected a mistake, and the convicted 
party or he who fails and his friends, go out and actively en- 
gage in efforts to show how he was wronged, how the court 
failed in his case. A court makes a mistake and decides a case 
incorrectly, the other man and his friends proclaim the court 
a failure: one believes it, the other pretends to, and as 1 said, 
half the parties coming here, the one side or the other 
go out muttering complaints, ami educating the people in their 
beliefs. These influences cannot be avoided, to counteract 
them is the problem, It is not in the nature of things thai 



58 Dedication of the 

those to whom I have just referred, the convicted criminals, 
and unsuccessful litigants, will bestow much praise upon the 
court that convicts them or defeats their fraud; and the wrong 
which they claim has been done them, is put upon the shoulders 
of the judge, or the jury, or that rascally lawyer on the other 
side. If a hotheaded litigant came herewith a case and justice 
should step down and out of that niche and stand with that 
sword between him and the judgment he wanted, he would go 
out of that door muttering that she was a blind old hag. 

Another great educator of the people in disregard of law, in 
distrust and contempts of courts, is found in a cause for which 
the courts arc in no degree responsible. Your legislatures have- 
enacted laws which are not enforced, which are substantially 
ignored, and by many the courts are blamed lor the failure. 
It is not in the lino of what I intended to say, but I may be 
permitted to point out some of the bad consequences attending 
such enactments. 

We have a government in which there are no rulers who may 
exercise their arbitrary will, who may enforce laws however 
repugnant they may be, where the only means of resistance to 
the laws and their execution is in revolution; here no depart- 
ment of the government can override the will of the people, 
and laws may find their way to the statute books, but their en- 
forcement depends upon the people themselves. 

But a few years ago, the legislature in its wisdom enacted 
that no man should pass any bank bill of less denomination 
than five dollars of any bank but the State Bank of Ohio. 
The law was intended for the protection of the people against 
the worthless money of other states, but no body paid any at- 
tention to it, and it was literally a dead letter from the begin- 
ning; we have such laws now. In community there is every 
grade of morals and immorality, ranging from the perfect 
standard of morals to the lowest depths of degredation. Leg- 
islation which commends itself to those at the top is spurned 
and wholly disregarded by those at the bottom. Between these 
extremes is an avei*age moral sentiment, an avei*age estimate 
of what is right and what is needful in legislation ; what is 
below that standard will not be endured, and what is above it 
will not be enforced. 



Muskingum County Court House. 59 

It is no answer to this suggestion to nay that all the laws we 
have in Ohio can be enforced, for that is refuted by the fact 
that they are not enforced ; if they are not why not, tell me 
that ! 

You can't elevate the morals of community by legal enact- 
ments, you may compel them down there to hide a little better, 
hut furnishing a more secure retreat for rats is not the bestwa}* 
to get rid of them. 

The important consideration growing out of the existence of 
such laws is in another direction. 

Laws upon your statute hooks, openly and notoriously viola- 
ted day after day, and year after .year, are educating the peo- 
ple in disregarding all law, and contempt for their enforcement 
beyond the power of all courts and all moral influences to over- 
come. To properly appreciate the operation upon the restless 
horde these laws are intended to restrain, let us look at it in a 
more narrow field. 

Let the head of a familj- provide that none of the children 
shall pluck an}- fruit in the garden; let the children disregard 
this requirement; the}- pluck all they want; this is known to all 
of them and known to the head of the famil}-; finally, after 
uninterrupted and unrestrained picking all through the season, 
Jane gets angry at John for some cause, and to be revenged, 
she enters a complaint to the head of the family that John has 
been plucking peaches. How many children in that famil} T 
would say John ought to be punished. 

If the children thus learned that they could violate this re- 
quirement, and not only this one but many others with impu- 
nit} T , how closely would you expect them to observe any law of 
that household, and what punishments would they feel they 
ought to vote for against John? 

It must be borne in mind that it is the people who bring the 
culprits in at that door, and the people select twelve of their 
number to sit in that box and say whether the culprit shall be 
punished, and 3-011 know if we hang all they bring, they'll quit 
bringing them, or, if one is brought, thej-'ll not convict him. 
As it is, a goodly share of those who are brought here, are 
brought not that law ma)' be vindicated, but that some private 



BO Dedication oj th 

malice may be gratified. 1 needn't say that such a practice, 
allowing laws to stand that are largely enforced only to gratify 
private malice, is demoralizing in its tendency and is degrading 
the law itself. 

To bring a culprit here occasionally and convict him, when 
it is known to all of us that the law he violated is violated 
with impunity every day and has been for years ; when indeed, 
we can sit in the court house and see it violated everyday; 
the jury in their room can look out and sec it done — is educat- 
ing the people in the wrong direction. The jury ma}* convict 
such a one, they certainly will if they can't avoid it, the}' as 
certainly will acquit him if the}* can, ami you would be sur- 
prised to know how willing the witnesses are to help acquit. 
It must be remembered that when you legislate tosuit the views 
of those up above, your laws will not be enforced unless you 
can enlist enough of those below to do it. 

I have dwelt long enough upon the obstacles in the way of 
accomplishing all that courts were intended for: beyond the 
lack of judgment and failure of discrimination more or less 
common to all courts, they meet with and contend against 
these, some of the obstacles necessarily in the way. 

Let us see what courts may do in the way of promoting their 
efficiency. 

There is that in human nature — yon may call it what you 
will — which attaches vast importance to what is seen. It is 
true of all time and it pervades all ranks. A native of the 
wilds of Africa, visiting the coast possesses himself ol an old 
hat and a blue coat with brass buttons ; on his return to his 
native country, the people, awed by his august presence, inspir- 
ed by his elaborate toilette, all told, make him their wise man, 
their king. An army is made terrible by banners; even Sol- 
omon with his wisdom found it necessary to surround himself 
with a glory that addressed itself to the eyes of the multitude. 
We are as impressible as they. A court held in this room pre- 
sided over by grave and reverned seigniors, where all the officers 
of the court seemed impressed by the importance of the occa- 
sion, would inspire a confidence that wouldn't be had for a 
court held by a rabble in the old courtroom in its last dilapida- 



Mitskingufa County Court ttoast. til 

ted days. It is not alone the conveniences that make the new 
valuable over the old. 

For what is seen in courts, for the manner in which business 
is done, and the demeanor of the officers therein, the court is 
responsible. This court room and its surroundings are calcu- 
lated in the very nature ol things to impress the comers, to 
add confidence and compel a demeanor of officers and parties, 
and spectators which couldn't be secured or had in a dilapida- 
ted old tumble down, that everybody felt at liberty to hack and 
hew. People would be surprised at conduct here in this room 
which wouldn't surprise them in another. 

Evei\y man who comes here with a lawsuit, comes impressed 
with the importance of it, and he has a right to expect that 
careful consideration, that respectful attention which is used 
toward any case, and those who are here as spectators are 
making their estimate of the court and its officers. 

It is this consideration mainly which induced me to say any 
thing upon this occasion. The fact should at all times be 
borne in mind, that courts through litigants, witnesses and 
spectators are all the time educating the public mind into faith 
in their proceedings, or a distrust of their efficiency. In this 
view, the surroundings of a court room, and the conduct of the 
officers of the court, is of vastly more importance than is usu- 
ally conceited tor them. Amongst the officers of the court are 
to be classed the attorneys. 1 shall enter into no criticisms, to 
suggest the importance of this view is sufficient, but let me in 
this connection, and as illustrating the effect upon the mind, 
produced by the surroundings and manners of a court, refer to 
what occurred to me in my boyhood days. 

When a lad, I was taken to the court house in my native 
county as a witness. 1 had never before been there, I had 
crude notions of what 1 should see and hear, but substantially 
1 expected to find about what J hadseen injustices courts, only 
the wrangling and disputes would be of a more pronounced 
and decided character. 1 found a large elegant court room, 
the floors covered with line carpets, the windows hung with 
curtains; portraits of distinguished men on the walls. 



62 Dedication oj the 

The most perfect order and decorum was observed by eveiy 
body; the quiet was the quiet of the church. The Hon. E. T. 
Foote, presided ; out of profound respect for the man, I cannot 
refrain from stating his name. It was a model court, and I 
went away firmly impressed with the conviction that the right 
and justice of every case was as certainly arrived at, as it was 
certain that I could tell that two and two made four. I didn't 
again visit that court house or any other till some years later in 
a city in a neighboring state. On being told that a certain 
building was the court house, I went in to see. I went with 
my old impressions, with the profound respect and regard that 
my former experience had created. 

I entered a room the floor of which was covered with tan- 
bark ; a crowd of people were standing about with their hats 
on, many smoking pipes, all seemed to be talking in low tones, 
two I remember, were trading horses; the air was stifling, I 
heard loud talk farther on in the room, I made my way through 
the crowd to what I have learned to call the bar; inside the 
bar, nearly all had their hats on, many were smoking, the in- 
terest seemed to be centered in a witness, and a lawyer with 
coat off, who seemed to be quarrelling. They were trying a 
case, something about a horse, some of the jury were smoking, 
many had their coats 'off. There were two certainly, and I 
think three or more judges on the bench ; the end man had 
his coat off and he seemed to be watching the quarrel, the sec- 
ond judge I remember distinctly, sat there with his hat on, 
reading a newspaper, smoking a stub pipe, with his feet thrust 
out over the desk and over the heads of those who sat below. 

I went away from that court house with a very poor opinion 
of that court. Such a scene wasn't calculated to inspire con 
fidence. 

If those in attendance upon a court as spectators, or consti- 
tuting a part of it as jurors, attorneys or other officers don't 
manifiest an interest in or a respect for the proceedings, lookers 
on will not. 

We occasionally find men in our court houses hereabouts, 
who feel at liberty to sit with their feet thrust out, on and over 
the tables ; they wouldn't do it in church, and why ? 



Muskingum County Court House. 63 

I said I should not enter upon any criticism ; it is sufficient 
to say that of all the means in the power of courts to control. 
and which may l>c made to promote their efficiency, the man 
ner in which business is done is most important. It is in their 
power to compel a respect lor the proceedings which may be 
wholly wanting, if the proprieties of the place and business 
are omitted. This court room, thiscourt house is an important 
acquisition, not only because it affords security to the records 
of your county, but it gives to the administration of justice an 
importance, and secures for it a respect and confidence that 
couldn't be secured in an old rookery with a floor covered with 
tan-bark. 

We sometimes hear it said that the old court house was good 
enough for the lawyers to quarrel in. These jokes, when new 
were probably good, but their hackneyed age hasn't added 
lustre, and they date hack to a period so remote that the mem 
ory of man runneth not to the contrary. 

The new court house is a move in the right direction. Im- 
pudence and rowdying which flourished on the tan-bark, 
wouldn't come in at that door. 

The old man was right who objected to a new church, he- 
cause then, he would have to get new clothes, and he couldn't 
go to meeting barefooted. At a camp meeting in the woods, 
you are not as secure from impudent rowdying as in your 
churches. 

Let us hope that the improved lesson which the new court 
room teaches, and which is an advance in the right direction 
may not he marred by any failure of attendants and officers to 
advance also in the same direction, and that Zanesville may 
become as famous for its courts, as it is distinguished for its 
court house. 



The address of Judge Marsh was followed by singing by a 
quartette composed of .Mrs. Geo. Harris, Miss Kate Cassel, 
Messrs. .lames A. Cox and William II. Wilmot, assisted by Miss 
( !lara Avers, organist. 

Alter this, the closing address was made by Hon. W. H. Bali.. 
The following is General Ball's address; 



64 



Dedication of the 



The Relation of the Bar to the Court and Community 



.)//-. President, Ladies and Gentlemen: The relation of the 
Bar to the Court is easily understood and briefly told. It is a 
relation of subordination and obedience. A lawyer is in some 
-ruse an officer of the court. Whether the court has power to 
compel the service of counsel in the prosecution or defence of 
an action is of little moment, because counsel will, at all times, 
at the request of the court, render such service. 

Respect, deference and obedience are ever due from counsel 
to the court. A judge while on the bench may be discourteous 
and arbitrary: that will not justify discourtesy toward the 
court. That is due to the court which may not he due to the 
individual holding the court. The court-room is no place for 
resentments. Courtesy is due from the court to the bar. 
Patience is also due from the court to the bar. 

The minds of lawyers are the conduits through which pass, 
in some measure, the passions and prejudices of clients. In 
the heat of trial that will occur which would not receive ex- 
pression in moments of coolness. A like feeling on the part of 
opposing counsel will magnify or distort words that may he 
regretted as soon as uttered; hence the court while vigilant 
and firm to check and prevent such occurrences, and their con- 
sequences, should be patient with counsel. And counsel, too, 
should cultivate patience toward the court, remembering that 
while they are, as parties, striving each for advantage, the court 
is endeavoring to hold the scales even, so that justice may be 
done without respect to the zeal of counsel or clients. 

The relation of the Bar to community is a much more fruit- 
ful subject — incorrectly understood by community, and imper- 
fectly understood by members of the profession. Possibly, the 
popular impression is, that a lawyer is one who in his calling 
seeks to make money by whatever means recognized by the 
law. The relation of counsel to society involves obligations of 
a character too high to be soiled by motives of avarice, 



Muskingum County Court House. 65 

The lawyer wlm enters upon ami practices bis profession for 
the men purpose of making money, niter.- upon and practices 
thai profession to degrade it. The duty of counsel is to pr< 
vent, as well as to prosecute, or defend, actions. Clients come 
lull of passion and desirous of revenge; these feelings may be 
gratified by entailing upon an opposing party heavy expense, 
willi little regard to the pecuniary interesl of the complaining 
pari) - . The clear duty of the lawyer is to discourage and pre 
vent litigation prompted by such motives, li is his profes- 
lional duty to rejed every retainer offered for the prosecution 
of a claim which be is fully satisfied is unjust; and I regard it 
as his duty to abandon a cause al whatever stage when fully 
convinced that be has been misled by falsehood of his client, 
ami that bis cause is unjust; such abandonment should uot be 
delayed until the moment Of trial it the purpose had been pre 

viously formed. The obligations of counsel never require of 
them falsehood, dishonesty or the promotion of dishonesty. 

Mr. Eovenden, in his work on Frauds, says: " A solicitor 
■ must cautiously avoid letting bis zeal for bis client carry him 

• 30 Car as to lead him to assist such client in an ad of injustice ; 

• or to give false intimation respecting a cause, to the opposite 
•• party." 

The lawyer who becomes convinced that bis client has de- 
ceived him. and that his cause is unjust, may possibly be mis 
taken in these respects; but having such conviction on his 

mind be is not at liberty to go <m with that which in his judg- 
ment is an injustice. 

[f a business man through adversity find it necessary to as- 
ign for the benefit ofhis creditors and desire, as possibly might 
be, to conceal and so withhold a portion of his goods from the 
assignment and the creditors, it is the duty of his counsel, upon 
the discovery of the fact, to require a lull transfer, and to re- 
pudiate the client if thatdemand be not met. Endeed, a law- 
yer who would countenance or tolerate such a concealment 
would becomes party to active deceit and fraud, and he should 
be disbarred as an insufferable disgrace to his profession — as 
corrupt and dangerous t<> community. Counsel should never 



66 Dedication of the 

permit a client to black-mail or to take an unconscionable ad- 
vantage of his adversary. 

One of the most dangerous veins of human weakness is a 
disposition to litigate. It has been so in all ages and amongst 
all peoples. Both the civil law originating with the Romans 
and the common law originating with the English discouraged 
litigation as dangerous to community when indulged to the full 
gratification of the passions and animosities of men. The right 
to charge a tec was not recognised by the law. The common 
law prescribed a punishment for champerty. Champerty be- 
ing the taking upon one's self the management of a suit for 
another, agreeing to pay the costs and to divide the proceeds 
of the action. He that was guilty of this crime was unlit to 
practice and was disbarred. Barratry too was an indictable 
offence subjecting the guilty lawyer to disqualification to fur- 
ther practice his profession. Barratry is the stirring up of 
strife and litigation amongst the people. Indeed, the English 
law became so strict that in the time of Edward the First, a 
lawyer who having been disbarred for this crime, presumed to 
continue the practice of his profession was subject to a sum ma 
i'v sentence of from three to five years of penal servitude. I 
can conceive of not many crimes more dangerous than this to 
community or deserving greater punishment. 

Allied to both champerty and barraty is the practice, seldom. 
I trust, indulged in, at least in this county, of lawyers looking 
up or employing others to look up for them professional busi- 
ness. One who encourages litigation and solicits its manage- 
ment is unworthy of trust and confidence — is a disgrace to his 
profession and a blot upon community. 

As well might a physician encourage and disseminate that 
which is unhealthy to the end that his practice should be pro- 
moted by the ailments he engendered, as a lawyer may agitate 
the unhealthy appetite lor litigation that his pockets may be- 
come plethoric of corrupt fees. 

The true policy of one entering upon the law is not to solicit 
business but to qualify himself for its transaction in his profes- 
sion. When that qualification shall become established a n< I 
known, business with its remunerations will seek him- 



Muskingum County Court House. 61 

The study of the law is the study ol government — the study 
of the government of associated men, from the simple partner- 
ship to the most powerful national combination of individuals. 
All law professes to be based upon principles of justice as ap- 
plicable to the control of mankind in association. 

It is impossible that the close study of the principles of 
right — this association with the means to prevent wrong should 
fail to inspire a strong sense of justice and devotion to right. 
Hence no profession or class of mankind* have higher ideas of 
truth, honor and integrity than have the legal profession. The 
popular cry amongst the ignorant is of distrust — hut even the 
ignorant do not believe that cry. If a man have a claim of 
millions for collection, even though himself a stranger to the 
Bar of the entire county, he asks no more than that his claim 
be placed in the hands of a reputable lawyer. He asks no 
security — ho asks not of the lawyer's means, he has gtiarranty 
enough in the fact that the man who will handle his money is 
a reputable member of the profession ; and if a man be placed 
upon trial for his life he relies upon his counsel to do all that 
can be done for his defense with the same faith with which vir- 
tue leans upon truth. 

In France it is said that members of the profession serve 
notices upon each other by parol — preserving no evidence of 
service but relying alone upon the good faith of each other 
and it is also said that for centuries not an instance has occur- 
red in which that faith has been broken. 

Truth, good faith, integrity and manliness should make oui 
professional conduct, As 1 listened to Judge Granger this af- 
ternoon, I reviewed the lives of members of the liar who have 
gone to their graves, i heard him speak in high praise ofsome, 
oi others I heard not a word. I could recall one. or two toward 
whose memory it was mercy to direct no woi'd — whose kindesl 
friends could Only wish forgetfulncss to cover their memories. 
as the earth covers their bodies. How bootless it was thai th<-\ 
struggled for success in disregard of truth, faith and honor, 
which entailed upon their character a taint unlit for human 
memory, unlit fir example — unlit for respect. 



CcS Dedication oj th 

it was my fortune on coming to Ohio to complete my law 
studies with General Goddard. I knew him well in his profes- 
sional life. No man of higher principles of honor- — no man 
of more exalted integrity — no man with a fuller sense of jus- 
tice — no man more ready to repair an injustice, ever adorned 
or gave character to the bar of Ohio. 

Ag I look back over General G-oddard's career as a lawyer 
and as a man, the more boldly, and fully and beautifully does 
his character develop itself as a model — both as lawyer and 
man. Let me inquire of you my brethren of the bar, whether 
an appeal to you will be fruitless to make your professional 
lives like his. that they after your death, shall stand out as 
examples before younger practioners, inspiring them to become 
great and good as his example inspires us to seek to become as 
he was. 



After General Ball's address, the doxology 1 'raise God from 
whom all blessings flow" was sun;;- by the quartette, and a 
benediction pronounced by Rev. Dr. Kingsbury, when the peo- 
ple dispersed. 



m County Court Mouse. 



69 



A I Hl!lll.\ 



II III 



Address. 



The Bar Association of Muskingum county having deter 
mined to publish the addresses delivered at the opening of the 
new Court House, it was supposed that lists of the public offi 
cers doing duty in or for the county, and oi the Bar, would be 
interesting enough to our people to justify their appearance 
with the addresses, in preparing them I have been aided by 
the. following named officers and gentlemen, to whom thanks 
are due: The Hon. Milton Barnes, Secretary of State, W. M. 
Cunningham, Statistical Clerk to Secretary of Slate. James T. 
Irvine, Auditor of County, Col. N". A. Guide, F.A.Seborn, Esq., 
John R. Stonesipher, Esq., Henry R. Stanbery, Esq., Mr. Ben- 
son Loyd and Mr. James B. Cox. The other lawyers of the 
city have also aided me in revising the list of members of the 
Bar. I found that 1 could not ascertain the Coroners. Sur 
veyors and Infirmary Directors so as to make complete lists, 
and therefore, insert no lists of these officers. Mr. Cunning 
ham, of the Secretary of State's office writes me that on July 
23d, 1804, Levi Whipple was commissioned as Surveyor, and 
on December 1, 1804, as Coroner; so he was the first Surveyor, 
and also the first Coroner of the county. 

MOSES M. GEANGEE. 



i I I Dedication of the 



The Muskingum Bar, 1804-- -1877. 



The following list contains the names of those lawyers who 
have resided in Muskingum county, as -members of its Bar. 
So far as 1 know no attempt to complete such a list has hither- 
to been made; and this is only approximative^ correct. The 
lawyers whoso names are printed in italics still reside in 
Muskingum county, but several of them are not now in 
practice. 

In addition to those named in the address as worthy of spe- 
cial note, I add here the following: 

Elijah Hayward, who practiced in this county in 183G, and 
subsequent years, was one of the Judges of the Supreme Court 
of Ohio, in 1830. 

Royal T. Spraoue, a member of our Bar about 1838, he 
came Chief Justice of the Supreme Court. of California. His 
wife was a daughter of Judge William Blocksom, one of our 

Associate Judges. 

Cooper K. Watson, of 1842, was afterward a Congressman 
Irom the Tiffin district, a Judge of common pleas in the Huron 
district, and member of the Constitutional Convention in 
l873'-4. 

Cydnor B. Thompkins, (183G) and Edward Ball, (18G0,) 
were Congressmen from Muskingum district, each serving four 
years. 

James M. Love, who practiced here about 1843, has been 
for many years United States District Judge for Iowa. 

Errata : See remarks on H. J. Jewett in the address. The 
majority against him in 1860, was 64 instead of 37. 

I n the address the date at which Ebenezer Granger came to 
Zanesville is given as 1812. I have since found a record show- 
ing that he was here in 1810. 



Muskingum County Court House. 



71 



1804. 
1 jewis Cass, 
Wyllis Silliman. 

L805. 
Samuel Eorrick. 

1809. 
Samuel W. Culbertson. 

1810. 
Bbenczer Granger. 

1812. 
Alexander Harper. 

1814. 
E. B. Mervin. 

1817. 
Appleton Downer, 
Charles P>. Goddard, 
John C. Stockton. 

1819. 
John Doland, 
Richard Stilwell. 

1820. 
William A. Adams. 
Charles C. Gilbert. 

1822. 
David Spangler. 

1825. 
Leonidas L. Hamline, 
George James, 
Joshua Mathiot, 
Noah II. Swayne, 
Henry Stanbery. 

1827. 
Alexander S. B. Culbertson. 

1828. 
John II. Keith. 

1829. 
George W. Silliman 



1830. 

John T. Arthur, 
George W. Jackson. 
William P. MEoorehead, 
William R. Putnam. 

1831. 
George II. Flood, 

( JharleS Stetson. 

18:52. 
Charles C. ( lonvers. 

1833. 
G. Nelson Cuinini;-. 
Virtulon Rich, 
Washington Van ELamm 

1834. 
Joseph Moorehead. 
John R. Mulvaney, 
Isaac Parish. 

1835. 
Wyllis Buell, 
Edmund C. Cusack, 
John Evans, 
C. \l. Hendee, 
Josiah Lovell. 

1836. 
James Boyle, 
Napoleon A. Guille, 
Elijah Hayward, 

( lornelius Moore. 
Cydnor B. Tompkins. 

1837. 
John Dillon. 
Mat hew Gaston, 
Welles llawcs, 
William T. McKibbin, 
W. 1>. Wilson. 



72 



Dedication of the 



1838. 
W. W. Backus, 
Samuel Chapman, 
Cautious C. Covey, 
John W. Foster, 
I. B. B. Hale, 
A 1 1 drew 11. Jackson, 
Royal T. Sprague. 

1839. 
Camp, 

Charles Mathews, 
( lhauncey A. Pardey 

1841. 
Franklin Gale, 
P. S. Slevin, 
Alexander Van Ha nun. 

1842. 
Thomas M. Drake 
.1 aincs Henderson. 
J. B. Longley, 
Cooper K. Watson. 

1843. 
Henry Beard, 
Howard Copeland, 
James M. Love, 
David H. Lyman, 
John Percy, 
Charles R. Rhodes. 

1S44. 
W. B. Abbot, 
A a 'Justus P. Blocksom, 
Ezra B. Eastman, 
John O'Neill, 
Frederick A. Seborn. 

1845. 
Edmund Brush, 
Theodore Convers, 
Daniel Convers Goddard, 
J anus I J. Harper. 
Eowland D. Noble. 



1846. 
T. Cleveland, 
i miiel Cochran. 

1847. 
Will m in 11. lltil I. 
Hugh J. J e wet l. 
George W. Manypenny, 
< lorrington. W. Searle. 

1848. 
J. M. Buell, 
Alfred Brown, 
James H. 31 on roe. 

1849. 
E. A. Bratton, 
Samuel S. Cox. 
Z/ucius P. Marsh. 

1851. 
Thomas J. Taylor. 

1852. ' 
William W. Johnson. 

1853. 
Most s AL. Granger. 
John C. Hazlett, 
Robert W. P. Muse. 
Hiram Skinner, 
Abner Starke)'. 

1854. 
Charles K. Wright. 

1S55^ 
R. D. Chalfant, 
John Haynes, 
John (^. Lane, 
Homer Thrall, 
A. O. Wagstaff. 

1856. 
John H. Ash, 
Alexander S. CoX, 
Robert H. Gilmore, 
James A. Parker. 
Seth Weldy. 



Muskingum County Court House. 



73 



1857. 
Mordecai Hartley. 
Henry C. Brown. 
J. Delafield L)u Bois, 
W. ('. Gaston, 
Charles C. Goddard, 
Thomas Potts. 

1858. 
John A. Blair, 
Daniel B. Gary, 
William D. Hamilton. 
W. B. Henderson, 
George Abbot Janus, 
Washington Miller. 

1859. 
Pel eg Bunker, 
Ezra E. Evans. 

lbGO. 
Edward Ball, 
Daniel B. Linn, 
Albert W. Tram. 

1861. 
John W. Beall, 
John G. Chandler. 
Will lain Eicing, 
Stephen A. Guthrie. 
George Randall. 

1862. 
Joshua G. Madden. 
Thomas J. Maginnis. 

1863. 
Solon Fisk. 

1864. 
Alfred B. Fillmore. 
Lyman J. Jackson, 
William Okey. 

1865. 
Fenton Bagley, 
John W. King, 
James E, Palmer. 



1 Xi\6. 
Edgar IT. Allen. 

Barclay. 

Charles W. Chandler. 
G. L. Phillips, 
Frank II. Southard, 
Milton I. Southard. 

L867. 
Albion •/. Andreios, 
Charles .1. Beard, 
William II. Hall, 
Gilbert J>. Munson. 

1868. 
W. L. Bane, 
Allen Miller. 
W. A. E. Rhodes. 

1869. 
B. M. J Ml ley, 
John Mason, 
Charles J- 1 .. Randall. 

1870. 
Charles 11. Durban, 
Reuben II. Morgan. 
Andrew L. Peairs. 

1871. 
William c. Blocksom, 
John B. Stonesipher. 

1872. 
Orlando C. Marsh. 
George Porter, 
Benjaman I'. Power, 
Tileston F. Spangler, 

A. II. St il well. 

Charles M. Vandenbark. 

is?:;. 
Henri/ .1. Axlim . 
Eugene •). Brown. 
//. nry L. Korte, 

William A. Taylor. 



74 Dedication of the 

1S74. 1877. 

Charles fl. Blair, William V. Cox, 

J. W. Garside, John W. Martin, 

Henry C. Van Voorhis, Robert II. McFarland, 

1875. Henry R. Stanbery. 
Herman F. Auchauer, 

H. S. Crozier, Erratum: Add in 1823, 

Frank B. Williamson, Benjamin Reeve, 
Robert N. C. Wilson. 

1876. and in 1851, 

J. T. Crew, Buchanan. 

Frederick. S. Gads. 



Members of the General Assembly. 

SENATORS. 

1805 — Joseph Buell, Hallem Hempsted; Athens, Gallia, 
Washington and Muskingum. 

1806. Hallem Hempsted, Leonard Jewctt ; Athens, (iallia, 
Washington and Muskingum.- 

1807. Leonard Jewett, John Sharp; Athens, Gallia, Wash- 
ington and Muskingum. 

1808-'9. Robert McConnell ; Muskingum and Tuscarawas. 
1810-'ll. Robert McConnell; Guernsey, Muskingum and 
Tuscarawas. 

1812-'14. Robert McConnell; Muskingum. 
1815-'16. Ebenezor Buckingham; " 
1817-18. George Jackson : 

1819. Samuel Sullivan ; . " (resigned.) 

1820. John Matthews ; " 
1821-'2. Thomas [jams; " 
1823-'4. Ebenezer Buckingham ; " 
1825-'6 .— Wyllis Silliman " 

1827-'9. John Hamm; " (resigned.) 

1830. James Raguet; " 



Muskingum County Court Mouse. 75 

1831 '2. Ezekiel T, Cox; Muskingum. 

I 333- '4. Thomas A nderson ; 

1835 '8. Samuel .1. Cox; 

1839-42. James Henderson; 

l843-'4. David Chambers ; ■• (Speaker, 1844.) 

1845-'8. Charles B. Goddard ; (Speaker, 1847.) 

1849-'50. Charles C. Convers ; " (Speaker, 1850.) 

1852-'3. William E. Finck ; Muskingum and Perry 

1854-'5. Haul) J. Jewetl . 

1856-'7. Eli A. Spencer; 

9. Ezekiel Vanatta; 

1860-1. Charles W. Potwin; 

1862-'3. William E. Finck ; 

1864- '5. Thomas J. Maginnis, 

1866-'9. Daniel B. Linn: 

1870-':i William 11. Eolden ; 

1874-7. Elias Ellis; 



REPRESENTATIVES. 

lsu,~). Elijah Hatch, James Clark, James E. Phelps, Athens, 
Gallia, Muskingum and Washington. 

1806. Levi Barker, Lewis Cass, William 11. Puthuff, Athens, 
Gallia, Muskingum and Washington. 

1S07. John \\. P. Burean, Joseph Palmer, John Mathews 
Athens, Gallia, Muskingum and Washington. 

1808. David .1. Marple, James Clark, Muskingum and Tus 
carawas. 

1809. David J. Marple, George Jackson, Muskingum and 
Tuscarawas. 

1810. George Jackson, David J. Marple, Guernsey, Mus 
kingum and Tuscarawas. 

1811. George Jackson, William Frame, Coshocton, Guern 
Bey, Muskingum and Tuscarawas. 

1812. John Samm, Stephen C. Smith, Muskingum. 

1813. Stephen C. Smith, Joseph K. McCune, Muskingum. 
1S14. David Chambers, Stephen G. Smith. 

1815. Robert Mitchell, Joseph K. McCune, 

1816. Roberl Mitchell, Robert McConnell, 



76 Dedication of the 

1817. Christian Spangler, Thomas Nisbet, Muskingum. 

1818. James Hampson, John Reynolds, " 

1819. John Reynolds, Robert McConnell, <• 

1820. Alexander Harper, Robert K. McCune. 

1821. Alexander Harper, William H.Moore, " 

1822. William H. Moore, Nathan C. Findlay, 

1823. John C. Stockton, Joseph K. McCune, " 

1824. Thomas L. Pierce, Thomas Flood, <• 

1825. Thomas Ij. Pierce, James Hamson, " 

1826. Thomas Flood, James Hampson, 

1827. James Hampson, John C. Stockton. '' 

1828. Wyllis Silliman, David Chambers, " 

1829. Littleton Adams, James Raguet, " 

1830. Thomas Maxfield, Littleton Adams, 

1831. Appleton Downer, David Peairs, 

1832. William Cooper. John H. Keith. " 

1833. John H. Keith, William Cooper, " 

1834. Aaron Robinson, William H. Moore, " 

1835. Aaron Robinson, William H. Moore, " 

1836. David Chambers, " 

1837. David Chambers, David K. McCune, " 

1838. David Chambers, Charles B. Goddard, " 

1839. Abraham Pollock, George W. Adams. " 

1840. Abraham Pollock, John Watkins, " 

1841. David Chambers, Charles Bowen, " 

1842. David Chambers, Charles Bowen, " 

1843. Joseph Fisher, Davis Johns, " 
1S44. Davis Johns, " 

1845. Edward Ball, John Trimble, " 

1846. John Trimble, " 

1847. A. S. B. Culbertson, Abel Randall, 

ISIS. Abel Randall, " 

1849. Edward Ball, 

1850. William Morgan, " 
1852. William Morgan, William ('. Killer, " 
1854. John Metcalf, Samuel McCann, " 
1856. John A. Blair, John Crooks. 

1858. John A. Blair, Lewis Frazee, " 



Muskingum County Gouti House, 77 

1860. Daniel Van Vorhes, Elisha J. Trimble, Townsend 
Gore, Muskingum. 

1802. Thaddeus A. Reamy, Jacob G-lessner, Muskingum. 

1864. James Gallogly, Elijah Little, 

1800. A. W. Shipley, Perry Wiles, 

1808. Edward Ball, II. J. Jewell, 

1870. Edward Ball, Elias Ellis, 

1872. William II. Ball, Elias Ellis, 

1874. James A. Moorehead, John B. Sheppard, 

1870. Harvey L. Cogsil, L. Rambo. 



President Judges— Common Pleas. 

Levin Betts, 1804-5, 
Calvin Pease, 1805—1808. 
William Wilson, 1808—1822. 
Alexander Harper, 1822—1830. 
Corrington W. Searle, 1830— IS 17. 
Richard Stilwell, 1847—1851. 
Corrington W. Searle, 1851—1852. 



Judges of Common Pleas. 

Richard Stilwell, February 19,1852, September 16, 1854. 
John E. Hanna, September 16, 1854, October 20, 1854. 
Charles C. Convers, October 20, 1854, October 19, 1855. 
Corrington W. Searle, October 19, 1855, October 25, 1856. 
Lucius P. Marsh, October 25, 1850, February 9, 18(12. 
Ezra E. Evans, February 9, 1802, December 10, 1866. 
Moses M. Granger, December 10, 1866, October 9, 1871. 
Frederick W. Wood, August 3, 1869, August 3, 1874. 
William II. Frazier, October 9, 1871. 
Lucius P. .Marsh, Augusts, 1874. 

Judge Frazier was re-elected in October, 1876; bis present 
term will expire February 9th, 1882. Judge Marsh present 
term will expire August 3, 1879. 



78 Dedication of the 

Associate Judges of Common Pleas. 

In February, 1804, David Harvey, William Wells, and John 
Campbell, were commissioned as the first three Associate Judges 
ibr Muskingum Count}'. William Wells resigned before taking 
his seat; and on March 15, 1804, Jesse Fulton was appointed 
to fill the vacancy. David Harvey resigned June 19, 1804, and 
on June 29, 1804, Richard McBride was appointed in his place. 
John Campbell resigned December 4, 1804, and on December 
13, 1804, Giles Hempstead was appointed. On February 7, 
1805, the legislature elected Jesse Fulton, Richard McBride, 
and Seth Carhart. 

David Harvey, February 17, June 19, 1804. 

William Wells, February 18, February, 25, 1804. 

John Campbell, February 20, December 4, 1804. 

Jesse Fulton, March 15, 1804, 1815. 

Richard McBride, June 29, 1804, 1813. 

Giles Hempstead, December 13, 1804, February 7, 1805. 

Seth Carhart, February 7, 1805, did not accept. 

William Mitchell, February 27, 1805, 1815. 

David Findlay, 1813, 1820. 

Stephen C. Smith, 1815, 1818, 

Daniel Stilwell, 1815, 1822. 

Robert Mitchell, 1818, 1833. 

John Reynolds, 1830, to June 27, 1822. 

Robert MeConnell, January 1822, August 0, 1827. 

David Young, June 27, 1832, January, L823. 

Thomas Ijams, January 1823, 1830. 

Edwin Putnam, August 6, 1827, 1842. 

Mathew McElhinney, 1830, 1837. 

William Blocksom, 1833, 1840. 

James Jeffries, 1837, 1844. 

William Cooper, 1840, 1847. 

Jacob P. Springer, 1842, 1852. 

Horatio J. Cox, 1844, 1852. 

Wilkin Heed, 1847, 1852. 



Muskingum County Court House. 79 

Probate Judges. 

Mahlon Sims, February 9, 1852, 1858. 
William T. Mason, February 9, 1858, 1864. 
Robert W. P. Muse, February 9, 1864, 1870. 
Henry L. Korte, February 9, 1870, 1873. 
Reuben H. Morgan, February 9, 1873, 1875. 
Henry L. Korte, 1875. 

Judge Korte was appointed on the 24th day of March, 1875, 
to fill the vacancy occasioned by the resignation of Judge 
Morgan. In October, 1876, he was elected for the lull term 
whieh will expire February 9, 1879. 



Supreme Court. 

The first regular term of the Supreme Court held in Musk- 
ingum count)-, began September 9, 180"). Present Samuel 
Huntington and William Sprigg, Judges. 

The following list shows the Clerks of the Supremo Court for 
Muskingum County : 
Abel Lewis, 1805, 1812. 
John C. Stockton, 1812, 1817. 
Daniel Chambers, 1817, 1821. 
John Peters, (pro tem,') 1821. 
Ezekiel T. Cox, 1821, 1828. 
John Wilson, Jr., 1828, 1834. 
Ezekiel T. Cox, 1834, 1852. 

Clerks of Common Pleas. 

Abel Lewis, 1804, 1812. 
John C. Stockton, 1812, 1817. 
David Chambers, 1817, 1821. 
John Peters. { ;>r<> Irm. 1821. 
Ezekiel T. Cox, 1821, L82 
JohnWillson, Jr.. 1828, 1834. 
Ezekiel T. Cox, 1834, 1841. 
George W. Manypenny, 1841. 1840. 



80 Dedication of the 

Anthony Wilkins, 1846, 1852. 

Charles C. Russell, 1852, 18(54. . 

John Hoopes, 1864. 1867. 

Gemmill Arthur, 1867, 1870. ■ 

George W. Blocksom, 1870, (protem.) 

Edgar Allen, 1870, 1873. 

Frederick W. Geiger, 1873. 

Clerk Russell, in October, 1863, was elected lor a fifth term. 
to expire February 9, 1S67, but resigned in April, 1864. 

Clerk G-eiger was elected a second time, in October, 1876 ; 
I) is present term will expire in the fall of 1870. 



Sheriffs. 

George Beymer, 1804, 1S08. 

Jacob Crooks, 1808, 1812. 

John Reynolds, 1812, 1816. 

Charles Roberts, 1816, 1810. 

James Hampson, 1819, 1823. 

John Burwell, 1823, 1827. 

John Stanton, 1827, 1829. 

Daniel Brush, 1829. 1833. 

Asa R. Cassidy, 1833, 1837. 

Zacariah Adams, 1837, 1839. 

Edward Ball, 1839, 1843. 

John Dillon, 1843, 1847. 

Carson Porter, 1847, 1850. (Died in office.) 

Benjamin F. Leslie, 1850, 1854. 

Joseph Richey, 1854, 1856. 

James C. Wolf, 1856, 1858. 

Penrod Bateman. 1858, 1860. 

James C. Wolf, 1860, 1864. (Died in office.) 

John Quigley (Coroner and Acting Sheriff), 1864, 1865. 

Benjamin F. Leslie, 1865, 1869. 

Benson Loyd, 1869, 1873. 

William Ruth; 1873, 1877. 

Orrin Ballon, 1877. 

Sheriff Ballou's present term will expire in January, 1879. 



Muskingum County Court House. 81 

PROSECUTING ATTORNEYS. 

Lewis Cas. N 1804, 1812. 

Samuel Herrick, 1812, 1818. 

John 0. Stockton, 1818, 1820. 

Richard Stilwell, 1820, 1837. 

Wyllis Buell, 1837, to April. 1839. 

Cautious C. Covey, April. L839, to November, L839. 

Napoleon A. Guille, 1839 to 1851. 

William II. Ball, 1851 to April, 1S53. 

John O'Neill. April. 185:;. to January, 1850. 

John C. Hazlett, January, 1850, to October, 1801. 

John Eaynes, October, 1861, to October, 1864. 

Lyman J. Jackson. October, 1864, io January, 1866. 

.Moses ML G-ranger, January, 1866, to December, 1866. 

Alberl W. Train. December, L866, to January, L868 

.Milton I. Southard, January, 1808, to November, 1S72. 

Daniel II. Gary, November, 1872, to January, 1874. 

Albion J. Andrews. January. !S74. 

Mr. Andrews' present term will expire January, 187.-'. 



.Mr. James T. Irvine, the present ( 'ounty Auditor, volunteered 
to supply lists of the Commissioners, Treasurers, Auditors, ami 
such others of the county officers as I had neither time nor op- 
portunity to make; and the following lisK e.xeepl members ok 
the Constitutional Conventions, members of Congress, and tin 
Recorders prior to 1829, were prepared by him. Contrary to 
expectation, he has succeeded in making lists of the Surveyors, 
Coroners and Infirmary Directors. 

COUNTY COMMISSIONERS. 

On the evidence ok our oldest inhabitant, Stephen Reeve, 
Esq., who leased school land of them in 1804. our firsl Count\ 
Commissioners we're William Montgomery, Joseph V . Munro, 
and Christian Spangler. The records show: 

Isaac Evans, to December, 1807. 

Robert Speer, to December, 1807. 

William Whitten, to December, 1808. 

William Newell. to December, 1809. 

Jacob Gomber, from December, 1807, to December, 1809. 



82 Dedication oj the 

COUNTY ( '( >MM ISSION BES— Continued. 
Daniel Stilwell, from December, 1808, to December, 1811. 
Thomas Nisbet, from December, 1809, to December, 1812. 
George l\eeve. from April, 1S10. to December, 1810. 
John Willey, from December, 1810, to April, 1814 (died): 
Benjamin Spry, from December, 1811, to September, 1814. 
William H. Moore, from December, 1812, to December, 1818 
Luke Walpole, from April, 1814, to September, 1814. 
James L. Fleming, from December, 1814, to October, 1819. 
William Hunter, from December, 1814, to November, 1817. 
Simeon Sims, from November, 1817, to November, 1820. 
Thomas Flood, from December, 1818, to November, 1820. 
John Robertson, from October, 1819, to December. 1825. 
Jared Brush, from November, 1820, to December, 1824. 
James Jefferies, from March, 1821, to December, 1821. 
Israel Robinson, from December, 1821, to December, 1826. 
John Handle, from December, 1824, to December, 1830. 
Joseph Springer, from December, 1825, to December. 1827. 
Absalom Roberts, from December, 1826, to December, 1829. 
William Hamilton, from December, 1827, to November, 1831. 
Isaac Helmick, from December, 1829, to November, 1831. 
Israel Robinson, from December, 1830, to November. 18:i!>. 
Samuel McCann, from November, 1831, to November, 1834. 
Lyle Fulton, from November, 1831, to October, 1838. 
John Adams, from November, 1834, to his death in 1837. 
Samuel McCann. December, 1837. to October, 1838. 
John Thompson, from October, 1838, to December, 1841. 
Beverly Lemert, from December, 1838, to October. 1840. 
John Goshen, from December, 1839, to December, 1845. 
Robert Boggs, from October, 1840, to December, 1843. 
Littleton Moore, from December, 1841, to November, 1844. 
Joshua Bennett, from December, 1843, to December, 1846. 
Henry Wheeler, from November, 1844, to December, 1847. 
Mahlon Sims, from December, 1845, to October, 1851. 
Stephen Reeve, from December, 1846, to December. 1852. 
William Johnson, from December, 1847, to November, 1850. 
James Carnes, from November, 1850, to November, 1853. 
Joseph R. Thomas, from October, 1851, to December, 1857. 
Lewis M, Pierson, from December, 1852, to December, 1855. 



Muskingum County Court "Souse. 8H 

COUNTY COMMISSIONERS Continued. 
Samuel Clark, from November, 1853, to December, 1856. 
Abel Randall, from December, L 855, to December, 1858. 
Jonathan Swank, from December, ]*."»(;, to November, 1859. 
Hugh Madden, from December, 1857, to November, I860. 
Idlin Baughman, from December, 1858, to December, 1861. 
E. E. Fillmore, from November, 1859, to November, 1862. 
William T. Tanner,from November, L860, to February, 1864. 
George \Y. Slater, from December, L861, to December, 1867. 
William Pringle, from November, 1<s»>l5, to December, L865. 
E. E. Fillmore, from February, 1864, to December, L869. 
.). B. .Millions, from December, 1865, to December, L868. 
E. L. Lemert, from December, 1867, to December, 1S7<>. 
Koberl Silvey, from December, 1868, to December, 1871. 
Austin Berry, from December, 1868, resigned February, 1870. 
William Hall, from February, 1870, resigned December, L874. 
Daniel llattan, from January, 1871, to December, 1S72. 
Leonard N. Stum)), from December, 1871, to December, 1 s 7 j . 
John Sims, from December, 1872, (incumbent.) 
Thomas Griffith, from December, 1*71, (incumbent.) 
Leonard N. Slum)), from December, 1874, to December, 1875. 
William T. Tanner, from December, 1875, (incumbent.) 



CLEKKS TO COUNTY COMMISSIONERS. 

Elijah Beall, to December, 18(18. 

Benjamin Tupper, from December, L808, to December. 1811. 
Robert .Mitchell, from December, 1811, to June, 1811i. 
William Craig, from June, 1M2, to September, 1814. 
George Reynolds, from September, 1814, to January, 1815. 
JamosPerry, from February, L815, to February, ls^l (when 
t he office \\ as abolished). 

COUNTY AUDITORS. 

The office of County Auditor was created by an acl of the 
General Assembly, passed February 8, 1820. It grew out ol 
the office of < !lerk to the Board of County ( lommissioners. Its 
duties have since been continuously multiplied and enlarged, 
under successive acts of the Legislature, until they are now 
peculiarly numerous, difficult and complicated. 'The names ol 
the several Count) Auditors are as follows : 



84 Dedication of the 

COUNTY AUDITOKS— Continued. 

John Burwell, from March, 1821, to October, 1823, when he 
resigned to take the office of Sheriff. 

John W. Spry, from October, 1823, to March, 1845. nearly 
twenty-two years. 

Richard I. Peach, from March. 1845, to .March. 1855. 

imri Richards, from March, 1855, to March, 1857. 

Bernard Van Home, from March, 1857. to March. 1S59. 

Jesse Alwcll, from March, 185!), to March, 1801. 

G-emmill Arthur, from March. 1861, to March, 1865. 

Caleb 1>. Caldwell, from March, L865 ; died September 6. 1871. 

Imri Richards, from September, 1871, to November. 1871. 

Andrew P. Stalls, from November, 1871, to November. IS 75. 

James T. Irvine, from November, 1875 (incumbent). 





COUNTY 


< 'OLLECTORS. 


Jacob Crooks. 


from 


J nnc. 


1807, to Ji 


line. 


1811. 


W. Scott. 


.. 


a 


1811. •■ 


a 


1812. 


Robt. Mitchell. 


a 


.. 


1812. ■• 


n 


1813. 


James Yickers. 






1813, •■ 


« 


1817. 


William Craig, 


a. 


a 


1817. " 


" 


1818. 


John Russell, 


i . 


L. 


1818, •• 


" 


1 820. 


Win. Hunter, 


" 


'^ 


1820. - 




1822. 


Daniel Brush, 




•• 


1822 " 


a 


1825. 


John Ilonck, 




•• 


1825, " 


.. 


1826. 


Silas Robinson, 


u 


.. 


1826. •• 


u 


1827. 



(when the office was abolished.) 

COUNTY APPRAISERS OF LAND. 
John Burwell, in 1834. 
Matthew McElhiney, in 1840. 
(In 1846, and since, District Assessors:) 

COUNTY ASSESSORS (Annua] >. 
Daniel Brush, from 1825 to 1827. 
Lewis [jams, " 1827 " 1830. 
William' Ellis, " 1830 " 1832. 
Jus. Springer, " 1832 " 1834. 
Matthias Spangler, 1834 " is:;.-). 
Jesse L. Stanley, 1835 " 1839. 
Joseph P. Huston, 1839 (when the office was abolished). 



Muskingum County Court House. 85 

COUNTY TEEASUEEES. 

William Montgomery, from , 1805, to June, 1807. 

Joseph F. Rlunro, from June, 1807, to June, 1810. 

Benjamin Sloan, from June, L810, to October. 1813. 

Christian Spangler, from October, 1813, to June, 1818. 

Samuel Sullivan, from June, 1818, to October, 1819. 

Thomas Moorehead, from October, 1810. to June, 1827. 

John Roberts, from June, 1 S27, to June, 1830. 

John Harwell, from June, 1830, to June. 1832. 

John Roberts, from June, 1832, to June, 1834. 

Daniel Brush, from June. 1834, to June, 1S36. 

John Roberts, from June, 1836, to June, 1838. 

John Russell, from June, 1838, to June, 1844. 

Benjamin F. Leslie, from June, 1844, to June, 184fi. 

Ailam Peters, from June, 1840. to June. 1850. 

John Dillon, from June, 1850, to June, 1854. 

Isaac Stiers, from June, 1854, to June, 1856. 

Benjamin Adams, from June, 1856; died September, 1857. 

John Dillon, from September, 1857, to June, 1858. 

William Lynn, from June, 1858; died September, 1S62. 

J. B. 11. Bratshaw, from Sept., 1862, resigned March. 1864. 

John Dillon, from .March, 1864, to September, 1866. 

Joseph T. Gorsuch, from September, 1866, to September, 1868. 

John M. Fane, from September, 1868, to September, 1872. 

Eobert Silvey, from September, 1872, to September, 1876. 

George \Y. Allen, from September, 1876 (incumbent). 



COUNTY RECOEDEES. 

li seems that conveyances of land lying in Muskingum con- 
tinued to be recorded in the office of the Washington County 
Recorder until April 17, 1806. From 1S06 to 1831, the 
Recorder was appointed by the Court of Common Pleas, and, 
as the list shows, the Clerk of that court was usually the 
Recorder. 

LIST. 

Abel Lewis, April 17. 1805, to February 13, 1810. 
George Reeve, February 23, 1810, to April, L817. 
David Chambers, April. lsi7. to November, 1820. 
John Peters, November. 1820, to November 22. 1821. 
Ezekiel T. Cox, November 22. 1821, to October, 1831. 



86 Dedication of the 

In 1829, a law for the election of a Recorder hj the people 
was passed, but it did not affect the terms of those then in office. 
Mr. Cox's term expired early in 1831, but the Commissioners 
of the count}', under said law, appointed him to serve until 
after the election of that year. At that election Anthony Wil- 
kin s was chosen. 

Anthony Wilkins, October, 1831, to October, 1840. 

Wra T. McKibbin, October, 1840, to September, 1841 (died). 

Imri Bichards, September, 1841, to November, 1841. 

John Hilliard, November, 1841, to January, 1851. 

Joseph P. Huston, January, 1851, to January, 1854. 

Horatio W. Chandlee, January, 1854, to January, 1857. 

George W. Bitze, January, 1857, to October, 1800 (died). 

Ephraim P. Abbot, October, 1860, to October, 1861. 

John J. Ingalls, October, 1861, to January, 1868. 

Jesse H. Mitchell, January, 1868, to January, 1871. 

William H.Cunningham, January, 1871, to January, 1877. 

David Zimmer, January, 1877. Now in office. 



COUNTY SITKVEYORS. 



jjevi »v nipjjie, iron 
Chas. Poberts, " 


L lOVH 


LO . 

" 1817. 


John Poberts, " 


1817 


a 


Wm. P. Beavers. " 


1S33 


" 1839. 


James Boyle, " 


1839 


" 1845. 


Joseph Fisher, " 


1845 


" 1854. 


Jos. J. Hennon, " 


1854 


" 1857. 


John Smyth, " 


1857 


" 1860. 


Mark Lowdan, " 


1860 


resigned 1861. 


Jno. W. Roberts, " 


1861 


" 1864. 


Joseph Fisher, " 


1865 to 1808. 


James P. Egan. i 


1868 


" 1871. 


Joseph Fisher, " 


1871 


lk 1874. 


James P. Egan, " 


1874 


" 1877. 


William Dunn, " 


1877 


(incumbent). 



Muskingum County Court House. 



87 



POOR-HOUSE OE [NFIRMARY DIEBCTOES. 
[The County Poor-House was completed in the year 1840.] 

Isaac Dillon, from June, 18-40, to June, 1841. 

Jno. Slaughter, " " " " < ; " 

Daniel Brush. " •• " " " " 

John Peters, from June. 1841. resigned June. 1846. 

John Roberts, from June, 1841, to December, 1842. 

William Camp, from June, 1841, resigned June, 1846. 

Edwin Burlingame, from December. 1842, resigned June, '46. 

Austin Berry, from June, 1846. to November, 1857. 

Dawson Wiles, from June, 1846, to November, 1847. 

John Vandenbark, from June, 1846, to November, 1849. 

James Helmick, from November. 1S47, to November, 1853. 

Robert J. Smith, from November, 1849. resigned March, 1851. 

John Groyer,from March, 1851, to November, 1852. 

Robert Dee, from November, 1852, resigned March, 1858. 

Joseph Larzalere, from November, 1853, to November, 1856. 

Joseph Mattingly, from November, 1856, to November, 1859. 

Win. T. Tanner, from November, 1857, to November, 1860. 

Joseph R. Thomas, from .March, 1858, to November, 1858. 

William Shaffer, from November, 1858, to November, 1864 

David Sidle. 

Isaac Van Home, •• 

John L. Taylor, 

William Lee, 

James Warner. 

Waldo B. Guthrie. " 

William Dee, 

Isaac C. Story, 

Patrick Brennan, 

John D. Taylor, 

M. V. B. Mitchell. • 

Wm. T. Tanner, 

John W. Marshall. " 

Peter D, Burgoo n. " 

Patrick C. Ryan, " » 

Robert Shnk. •• « 

John W. Marshall, ■ « 



1859, 
1860, 


it 

a 


a 

a 




1862. 
1863. 


1862, 


a 


it 




1865. 


1863, 


a 


a 




1866. 


1864. 


li 


a 




1867. 


1865, 


died Sept. 


18,1866. 


1866, 


to November. 


, 1868. 


1866, 


a 


tt 




1869. 


1867, 


a 


a 




is::;. 


1868, 


a 


a 




1871. 


1869, 


a 


tt 




1872. 


1871. 


it 


a 




1874. 


1872, 


it 


tt 




1875. 


1873, 


a 


tt 




1876. 


1874, 


(incumbent) 




1875, 




tt 






1876, 




a 







88 Dedication of the 

Members of 
STATE CONSTITUTIONAL CONVENTIONS. 

Ohio has hud three Constitutional Conventions. Muskingum 
county was in 1802 a part of Washington county, but a resi- 
dent within its limits, John McTntire, sat in the convention of 
that year as one of the delegates from Washington county. 
The following list shows who represented Muskingum in the 
other two conventions : 

1850-1. 1873-4. 

David Chambers, Charles C. Russell, 

Richard Stilwell. Daniel Van Vorhes. 



MEMBERS OE CONGRESS 

The following list shows by whom Muskingum County has 
been represented in the National House of Representatives ; 
the districts were changed once in each ten years : 

1803 — 1813 — Jeremiah Morrow,18±3 — 1847 — Alex. Harper, 
1813— 1817— James Caldwell, 1847— 1851— Nathan Evans. 
1817— 1821— Samuel Herrick/ 1851— 1853— Alex. Harper, 
1821— 1823— David Chambers, 1853— 1857— Edward Ball. 
1823— 1820— Philemon Beecherl857— 1801— C. B. Tompkins. 
1829— 1833— Wm. W. Irvin, 1801— 1803— Wm. P. Cutler. 
1833— 1835— Robt. Mitchell, 1803— 1805— John O'Neill 
1835— 1837— Elias Howell, 1865— 1869— Columbus Delano, 

1837— 1839— Alex. Harper, 1809— 1873— Geo. W. Morgan, 
1839— 1841— Jonathan Taylor, 1873— 1877— Milton I. South 
1841— 1843— Joshua Mathiot, ard. 

Mr. Southard was again elected, in 1870, for the term that 
will end in 1879. 



Muskingum County Court House. 89 







CORONERS. 


Levi Whipple, from 1804 to 


1811. 


Luke Walpole, " 


1811 " 




Charles Roberts, " 


1815 " 


1817. 


Samuel Thompson, 


from 1817 to 1821. 


Win, H. Moore, 


H 


1821 


" L822. 


Jacob Crooks, 


a 


1823 


• 1823. 


Samuel Thompson, 


a 


1824 


" 1828. 


Samuel Parker, 


tt 


1828 


" 1832. 


William Twaddle, 


a 


1832 


" 1834. 


Samuel Parker, 


a 


1834 


" 1838. 


Richard Collum, 


a 


1838 


" 1840. 


Samuel Gates, 


a 


1840 


" 1843. 


William Flanagan, 


u 


1843 


" 1846. 


John W. White, 


tt 


1846 


" 1S48. 


James Caldwell, 


a 


1848 


" 1850. 


Elijah Brown, 


a 


1850 


" 1852. 


John Quigley, 


a 


1852 


" 1854. 


John Bratton, 


tt 


1854 


" 1856. 


John Quigley, 


it 


1856 


" 1868. 


John D. Bonnet, 


it 


1868 


" 1874. 


Anderson Evans, 


it 


1874 


" 1876. 


Daniel Smith, 


tt 


1876 


(incuml 



Errata : In list of lawyers, page 72, omit Alexander Van 
Ilamm from 1841 and insert him in 1868. In 1857 Charles C. 
Goddard and Thomas Potts should be printed in italics ; also, 
W. R. Henderson in 1858 ; all three still reside in Muskingum 
county. John W. Beall in 1861 ought not to be in italics ; he 

does not now live in this county. In 1H68 Barclay should 

be C. R. Barclay. On page 74, for Erratum read Errata. On 
page 80, for Zacariah Adams read Zachariah Adams. 



90 Dedication of the 

THE NEW COUET HOUSE. 

[Extract from the last Annual Report of the Board of County Commissioners.] 

It is known to all the people of the County that during the 
last two years a substantial and commodious new Court House 
has been in process of construction. The old building, (it was 
evident to every observer, as well as manifest to the whole body 
of citizens, whose duties required their presence and attend- 
ance at any time therein), had become, not only dilapidated, 
but totally unfit and inadequate for the public business of the 
County. This business in the sixty-five years from the erection 
of that building, had increased out of all proportion to the ac- 
commodations therein provided for it. The general public- 
sense and the opinions of competent judges at last united in 
the conclusion that a new, safe and much larger edifice was 
clearly needed for the local administration of justice, the dis- 
charge of official duties, and the preservation and safety of the 
important and valuable public records. The loss of these 
records would be irreparable, and would entail continuous dis- 
putes and litigation upon the property owners and tax payers 
of the County. The Supreme Court of the State has declared 
that: "It is the legal duty of the County Commissioners to 
furnish all things coupled with the administration of justice 
within the limits of their County," with special reference to 
court-houses and their conveniences; and the spirit of the 
decisions of all the Courts of the State is, that the Commis- 
sioners are bound to provide court-rooms physically comfort- 
able to the judges, the clerks, the attorneys, the parties to suits, 
the witnesses, and the spectators; so that public business may 
be expedited, and the purposes of the courts speedily ac- 
complished. 

The new edifice was designed to be adequate not only to Ihe 
present wants of the community, but to meet its probable wants 
for a long period in future. With this object primarily in view, 
the new structure is built of the most enduring materials, proof 
against fire, and permanent in every part, as well as com- 
modious and comfortable in accommodations for the people of 
a county now containing at least 60,000 inhabitants, and likel} T 
to contain fully 100,000 at or before the end of the next twenty- 
five years. Strength, neatness and adaptation to its uses were 
intended to be combined, without extravagant ornamentation, 
and also without unnecessary expense. 



lA 






\/ 




% 










" ^ 



Deacidified using the Bookkeeper process. 
Neutralizing Agent: Magnesium Oxide 
Treatment Date: 






** < 







AUG bu: 



PRESERVATION TECHNOLOGIES, LP 



\f 111 Thomson Park Drive 

\A ^^ Cranberry Township, PA 1 6066 









,G> . o"o. <* rt V .1... * rt ,A> 











o ^, 









,o v 
















■C"*- n. MANCHESTER, 
INDIANA 



-\ 



